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2016 (11) TMI 295 - BOMBAY HIGH COURT

2016 (11) TMI 295 - BOMBAY HIGH COURT - TMI - Reopening of assessment - ITAT quashed reopening orders - Held that:- The Tribunal by the impugned order has rendered a finding of fact that this very issue which forms the basis of reopening notices was a subject matter of consideration during the regular assessment proceedings under Section 143(3) of the Act. Consequently, the reopening notices for both the assessment years were not based on reason to believe that the income chargeable to tax has e .....

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down by the Apex Court in Kelvinator of India (supra) that reopening notices on a mere change in opinion were not sustainable. - Income Tax Appeal No. 975 , 977 of 2014 - Dated:- 25-10-2016 - M. S. Sanklecha And S. C. Gupte, JJ. Mr. Suresh Kumar a/w Ms. Samiksha Kanani for the appellant Mr. V.S. Hadade for the respondent ORDER P. C. 1. These two appeals by the Revenue under Section 260A of the Income Tax Act, 1961 (the Act) challenge a common order dated 13th November, 2013 passed by the Income .....

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ble Supreme Court of India in Commissioner of Income Tax Vs. Kelvinator of India reported in 320 ITR 561 and holding that there was a change of opinion by the Assessing Officer ? 3. It is an undisputed position that for both the assessment years, the regular assessment was done under Section 143(3) of the Act. During the regular assessment proceedings, the issue of appropriate treatment of technology expenses either as capital or revenue, incurred by the respondent assessee was examined by the A .....

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