Validity of reopening of assessment: reassessment challenged as change of opinion with delayed reasons, petition dismissed. Reopening of assessment was analysed on whether the tax authority acquired new material or merely altered its opinion based on the same facts; the High ...
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Validity of reopening of assessment: reassessment challenged as change of opinion with delayed reasons, petition dismissed.
Reopening of assessment was analysed on whether the tax authority acquired new material or merely altered its opinion based on the same facts; the High Court concluded the latter, noting reasons for reopening were not furnished to the taxpayer within a reasonable time, and that the taxpayer did not originate the original assessment order. The courts determination that reassessment proceeded from a change of opinion rather than fresh information led to dismissal of the special leave petition challenging the validity of the reopening.
The Supreme Court of India dismissed the special leave petition as the assessee has no role in the assessment order under Section 143(3) of the Income Tax Act, 1961. The delay was condoned, and pending applications were disposed of.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 
Join Channel
TaxTMI 
