Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2017 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (7) TMI 871 - HC - Income TaxReopening of assessment - reasons to believe - Held that:- In the present case as no order of assessment had been passed by the Assessing Officer, simply on the basis of intimation contemplated under Section 143(1), it cannot be said that any opinion was expressed by the Assessing Officer, which could have been changed for the purposes of giving notice for re-assessment. Thus, when there was no expression of opinion earlier at any stage by the AO, there cannot be a change of opinion in giving notice under Section 148 of the Act as has been held by the Tribunal. In addition to the above, the very fact that the objections of the respondent-assessee against the notice for re-assessment and the reasons to believe were disposed of by the Assessing Officer by detailed order and the said order was allowed to attain finality, the matter with regard to the validity of the notice and the proceedings had come to rest. The Tribunal therefore had no jurisdiction in law to allow the appeal on a technical ground that the proceedings were invalid for the reason that they were initiated on the basis of change of opinion rather than on any valid ground. Tribunal has manifestly erred in law in holding that there was a change of opinion and therefore it was not open for the authorities to have proceeded under Section 147/148 of the Act for re-assessment. - Decided in favour of the Revenue
|