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TMI Blog2017 (2) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... mited for issuance of writ or order quashing and setting aside the impugned Notice under Section 148 of the Income-tax Act, 1961 ["the Act" for short] by which the Assessing Officer has sought to reopen the assessment for Assessment Year 2005-2006 on the ground that income chargeable to tax has escaped assessment. 3. A similar notice dated 29th March 2010 has been issued in the case of another assessee viz., Messrs. Jivraj Tea Company, by which the Assessing Officer has sought to reopen the assessment for AY 2005-2006, on the very ground on which the assessment for AY 2005- 2006 is sought to be reopened in the case of Messrs. Jivraj Tea Limited. 4. For the sake of convenience, the facts of Special Civil Application No. 15991 of 2010 are n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se 18 of 3CD. Further, as per purchase register, it is noticed that the assessee had purchased tea from private parties. Further, it is also noticed from the purchase register, that the fair market value of tea purchased from the private parties was average rate of Rs. 117.60 whereas, the market rate from related concern was Rs. 134.70; 128.40 [Jivraj Tea Company & Surin Corpn.]. Hence, the assessee had paid excess payment to related parties amounting to Rs. 3,30,46,636/= under Section 40A[2a] of the I.T Act. In view of the above, I have reason to believe that in the case of assessee Company M/s. Jivraj Tea Limited, income has escaped assessment to the extent of Rs. 3,30,46,636/= for A.Y 2005-06". 4.2 That, the concerned assessee raised ob ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions made with the sister concerns and also in respect of the purchase price paid. It is submitted that the assessee furnished all the necessary materials/information asked by the Assessing Officer and also justified the purchase price paid to the concerned sister concerns. It is submitted that only thereafter, the Assessing Officer framed scrutiny assessment. It is submitted that therefore, when the issue with respect to transactions with the sister concerns and also with respect to the purchase price paid to the sister concerns was also gone into in detail by the Assessing Officer, while framing the scrutiny assessment. To reopen the assessment on the very ground can be said to be a mere change of opinion by the subsequent Assessing Offi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... queries were satisfied by the assessee concerned. The assessee also justified the purchases from the sister concern and also justified the purchase price paid to the sister concerns. Therefore, when the aforesaid issue was already gone into in detail by the Assessing Officer, subsequent re-opening on the very ground can be said to be a mere change of opinion by the subsequent Assessing Officer. As held by the Hon'ble Supreme Court in the case of Commissioner of Income-tax v. Kelvinator of India Limited [Supra] on the mere change of opinion by the subsequent Assessing Officer, reopening of assessment is not permissible. 8. As observed hereinabove, the issue with respect to the purchases made from the sister concerns and the price paid t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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