TMI Blog2016 (12) TMI 354X X X X Extracts X X X X X X X X Extracts X X X X ..... x vs. Kelvinator of India Limited(2002 (4) TMI 37 - DELHI High Court ). The full bench laid down by reasoning prepositions as to what can constitute valid “reason to believe”. The Supreme Court considered the correctness of that judgment. The court held that the information received by the assessing officer after completion of assessment alone is “the sound foundation for exercising the power unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... confirming one and has not discussed or dealt with the previous authority in Kelvinator of India Limited’s case (supra) which is a judgment in terms of Article 141 of the Constitution and per se binding having regard to the larger bench composition. No substantial question of law - ITA 689/2016 & C. M. 36846/2016, ITA 690/2016 & C.M.Nos.36848-36849/2016 - - - Dated:- 4-11-2016 - S. Ravindra Bh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustainable in law. 2. The original assessment was completed under Section 143 (3) during the course of which claims for provision of bad and doubtful debts have been made, which were gone into by the assessing officer. The reopening of the assessment was based upon an appreciation by the AO who issued notice on 20.02.2009, reappraising the existing material. The ITAT felt that the reopening w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) TIOL 129 (SC). 4. The expression reason to believe , was the subject matter of extensive discussion by full bench of this court reported as Commissioner of Income Tax vs. Kelvinator of India Limited 256 ITR 1 (Delhi). The full bench laid down by reasoning prepositions as to what can constitute valid reason to believe . The Supreme Court considered the correctness of that judgment. The court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had challenged the reopening which was rejected by the High Court. The order as it were is a mere confirming one and has not discussed or dealt with the previous authority in Kelvinator of India Limited s case (supra) which is a judgment in terms of Article 141 of the Constitution and per se binding having regard to the larger bench composition. 6. For the above reasons, the court holds that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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