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2014 (3) TMI 851 - HC - Income TaxValidity of notice for reassessment u/s 148 of the Act - Held that:- The decision in Commissioner of Income Tax, Delhi vs. Kelvinator of India Ltd [2010 (1) TMI 11 - SUPREME COURT OF INDIA] followed - a tax administrator would act within jurisdiction if notice of reassessment is issued in a given case, based on “tangible” or fresh material - Re-appraisal of previously assessed returns, based on a change of opinion or an improved understanding of the law, would not pass muster as the basis for a valid reassessment proceeding, because the law would not uphold such change of opinion as it amounts to an impermissible review - an erroneous previous view warranting exercise of revisional jurisdiction cannot authorize a valid reassessment notice. During the assessment proceeding, and the first reassessment proceeding, the question of dealers’ commission as well as TDS on those amounts, had been gone into - The attempt to revisit this issue a third time is nothing but the tax authorities’ effort to overreach the law and resultantly a sheer harassment of the assessee – the notice and all further proceedings conducted pursuant to it are without jurisdiction – Decided in favour of Assessee.
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