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The Pr. Commissioner of Income Tax Versus Tata Power Delhi Distribution Ltd.

2016 (12) TMI 354 - DELHI HIGH COURT

Addition on the basis of reassessment notice - reasons to believe - ITAT felt that the reopening was unwarranted - Held that:- 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(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 t .....

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ection 147 was amended in 1989. Consequently, the declaration of law in ALA Firm’s case (supra) was of the pre-existing law. The law as exists was dealt with in Kelvinator of India Limited’s case (supra) which has pronounced the correct position decisively. So far as the judgment in Giri Lal’s case (2016 (8) TMI 1010 - SUPREME COURT) goes, the court notices that the assessee had challenged the reopening – which was rejected by the High Court. The order as it were is a mere confirming one and has .....

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Mr. Mayank Nagi, Advocate for the respondents ORDER C.M.36846/2016 (for delay) in ITA 689/2016 C.M.36848/2016 (for delay) in ITA 690/2016 For the reasons mentioned in the applications, the delay in filing the appeals is condoned. Applications stand disposed of. C.M.36849/2016 in ITA 690/2016 Exemption is allowed subject to just exceptions. Application stands disposed of. ITA 689/2016 & ITA 690/2016 1. The revenue is aggrieved by the common order of the ITAT whereby the cross appeals - by the .....

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AT felt that the reopening was unwarranted and took note of the several decisions including previous judgment of this court. The ITAT relies on Commissioner of Income Tax vs. Kelvinator of India Limited (2010) 320 ITR 561 (SC). 3. It is urged by the revenue that the impugned judgment is incorrect and has to be set aside. Learned counsel submitted that the judgment in Kelvinator of India Limited s case (supra) is an authority on the question that the change of opinion is impermissible but does no .....

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