Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2019 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (7) TMI 548 - HC - Income TaxReopening of assessment u/s 148 - tangible material - change of opinion - HELD THAT:- Necessary details were called for by the authority concerned in connection with the assessment proceedings by issuing notice u/s 142(1) . In response to such notice, the writ applicant had furnished complete details as indicated from various documentary evidence on record. The entire case was discussed by the ITO with the writ applicant. The details furnished by the writ applicant in response to the notice issued were verified. Ultimately, the assessment was carried out and that is how the order dated 26.10.2015 came to be passed. It cannot be said that the tangible material which is said to have come to the notice of the Assessing Officer was not taken into consideration at the relevant point of time on account of which the income chargeable to tax could be said to have escaped assessment. On the basis of the very same material, the assessment cannot be reopened on some change of opinion. In the facts and circumstances of the present case, we are of the view that the issue of notice u/s 148 is not justified. In the result, this petition succeeds and is hereby allowed.
|