TMI Blog2000 (9) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... by this court under section 256(2) of the Income-tax Act, 1961 (in short the "Act"), the following question has been referred for the opinion of this court : "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the Income-tax Officer had no jurisdiction under section 147(b) to reopen the assessment in this case ?" The factual position as indicated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under section 143(3) read with section 147(b) of the Act. The Matter was challenged in appeal before the Appellate Assistant Commissioner of Income-tax (in short the "AAC"). The said authority was of the view that the provisions of section 147 of the Act were not attracted and the subsequent assessment made by order dated January 22, 1968, was without jurisdiction. The Revenue carried the matter i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said to be a case where there was change of opinion. Learned counsel for the assessee, on the other hand, submitted that the Assessing Officer on consideration of the materials on record, which were disclosed by the assessee, had come to a definite finding and, therefore, the Appellate Assistant Commissioner and the Tribunal were justified in holding that this was a case of mere change of opinion. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al source. The same is not a correct position in law. But the factual position as was noted by the Appellate Assistant Commissioner as well as by the Tribunal, clearly goes to show that the assessee had not failed or omitted to disclose the primary facts and the Income-tax Officer had considered the entire material. That being the position, the Tribunal's conclusions are in order. Accordingly, we ..... X X X X Extracts X X X X X X X X Extracts X X X X
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