TMI Blog2018 (7) TMI 2278X X X X Extracts X X X X X X X X Extracts X X X X ..... case. They cite Commissioner of Income Tax v. Kelvinator of India Ltd. [ 2010 (1) TMI 11 - SUPREME COURT ] in support of the proposition that re-assessments to the extent that they are a revision of opinion, are impermissible. The respondent submits that the re-assessment was necessitated, on account of the careful scrutiny of the profit and loss statement for the concerned year. As submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecord. The Revenue is clearly seeking to revisit the concluded issues in the pretext of stating that they were not either appreciated fully or not at all. Kelvinator (supra) is conclusive even on that aspect. Thus the impugned re-assessment notice cannot be sustained. - W.P.(C) 9220/2017 - - - Dated:- 13-7-2018 - HON'BLE MR. JUSTICE S. RAVINDRA BHAT AND HON'BLE MR. JUSTICE A. K. CHA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 30.03.2017. These inter alia are as follows: In this case, a return declaring an income of Rs. 9,37,46,160/- was filed on 12.10.2010 and also filed a revised return declaring an income of Rs. 9,37.46,160/ on 30.03.2012 as per ITD system. The assessment of M/s. Deloitte Haskins Sells for the A.Y. 2010-11 was completed after scrutiny on 26.03.2013, determining an income of Rs. 12.63,60,210/-. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r contends that in the absence of any fresh or tangible material outside of the existing record, the respondents could not have issued the re-assessment notice impugned in the present case. They cite Commissioner of Income Tax v. Kelvinator of India Ltd. 320 ITR 561 (SC) in support of the proposition that re-assessments to the extent that they are a revision of opinion, are impermissible. The r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of other collateral proceedings such as searches, seizure or even subsequent to other assessment year s materials. None of these conditions, which trigger a valid re-assessment, exist on the record. The Revenue is clearly seeking to revisit the concluded issues in the pretext of stating that they were not either appreciated fully or not at all. Kelvinator (supra) is conclusive even on that aspect. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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