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2010 (12) TMI 1248 - UTTARAKHAND HIGH COURT

2010 (12) TMI 1248 - UTTARAKHAND HIGH COURT - TMI - Writ Petition (M/S) No. 2218 of 2010 - Dated:- 28-12-2010 - B.S. Verma, J. Mr. Manoj Tiwari, Senior Advocate with Mr. K.K.Tiwari, Advocate, learned counsel for the Petitioner. Mr. Arvind Vashist, Advocate, learned counsel for the Respondents. ORDER Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned notice dated 31-03-201 .....

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16-2-2006 for the assessment year 2003-2004. According to the petitioner, the petitioner company is a foreign company and is engaged in the business in connection with extracting, prospecting and production of mineral oil. The petitioner filed its return for the Assessment Year 2003-04 on 31-3-2005 thereby declaring a total income of ₹ 25,877, 736/- under Section 44 BB of the Act. Subsequently, the respondent no. 1 issued the impugned notice dated 31-3-2010 to the petitioner under Section .....

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urt in Income Tax Appeal No. 239 of 2001 Commissioner of Income Tax and another Vs. O.N.G.C [(2008) 229, ITR, 438(Uttaranchal) wherein the nature of service has been held fee for technical services. The petitioner-company filed its objections contending that the case-law aforesaid is not applicable to the case of the petitioner and the services of the petitioner company are not at all technical in nature and not pertaining to drilling of well which are liable to be taxed under Section 44DA read .....

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Vs. Kelvinator of India Ltd [2010]320 ITR 561 (Supreme Court), wherein it has been held that the change of opinion is not permissible even if it is within four years. Learned counsel for the petitioner has contended that when the Income-tax Officer had all the material facts before him when he had framed the original assessment, he could not take recourse to Section 147 (a) of the Act to correct the error resulting from his own oversight and that change of opinion cannot clothe the assessing off .....

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her than the income involving matters which are the subject-matter of any appeal, reference or revision, which is chargeable to tax and has escaped assessment as per Proviso second appended to Section 147 of the Act and the case at hand comes within the ambit of explanation 2 (c) appended to Section 147 of the Act, which reads as under:- (c) where an assessment has been made, but- (i) income chargeable to tax has been underassessed; or (ii) such income has been assessed at too low a rate; or (ii .....

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vinator of India Ltd. (supra) is not applicable because that is a case of pre-amendment i.e. prior to enactment of the Direct Tax Laws (Amendment)Act, 1987 i.e. prior to 1-4-1989, while the case at hand pertains to Assessment Year 2003-2004. I have perused the judgment rendered by Full Bench of Delhi High Court as well as the Apex Court in the case of Kelvinator of India (supra). In that case, the Apex Court has also discussed the amendments made after 1-4-1989 and according to the learned couns .....

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