TMI Blog2001 (8) TMI 48X X X X Extracts X X X X X X X X Extracts X X X X ..... re is no manufacture in the activity of processing of sea food which is frozen and preserved in the cold storage plant is now well settled, having regard to the decisions of the Supreme Court in the case of Sterling Foods v. State of Karnataka [1986] 63 STC 239, as also the decision of the Supreme Court in the case of Deputy CST v. Pio Food Packers [1980] 46 STC 63. The test laid down in those cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held that investment allow ance cannot be claimed for a cold storage plant, as there is no change in the stored articles by reason of the cold storage, and that, no new article comes into existence as a result of manufacture or production. The Tribunal has held that such reopening was not justified, as in its view the reopening was only as a consequence of a change of opinion which was not warr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent in the particular year because of his failure to disclose fully and truly all material facts... The reason for the formation of the belief must be held in good faith and should not be a mere pretence." In this case, the reopening was not on the ground that the assessee had failed to disclose all the relevant materials fully and completely. It was on the ground that the information which came ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the consideration of the case of the assessee. The Income-tax Officer cannot be said to have acted in bad faith, or pretended to form an opinion on the basis of that judgment even when that judgment was not the cause for the view taken by the Assessing Officer in reassessment. The view taken by the Tribunal that the reopening was not justified, and also that even on the merits, the assessee w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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