Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
The High Court held that the Assessing Officer cannot reopen the assessment u/s 147 merely based on a change of opinion. The assessee had fully and truly disclosed all material facts during the original assessment proceedings. The reasons recorded by the Assessing Officer for reopening the assessment did not reveal any fresh tangible material, indicating that the belief was formed based on a mere verification of records, resulting in a change of opinion. The Court emphasized the conceptual difference between the power to review and the power to reassess, stating that while the Assessing Officer lacks the power to review, reassessment must be based on fulfilling certain preconditions. Removing the concept of "change of opinion" would allow the Assessing Officer to review assessments under the guise of reopening, leading to potential abuse of power. The Court ruled in favor of the assessee, upholding the principle that a mere change of opinion cannot justify reassessment proceedings.
The High Court held that the Assessing Officer cannot reopen the assessment u/s 147 merely based on a change of opinion. The assessee had fully and truly disclosed all material facts during the original assessment proceedings. The reasons recorded by the Assessing Officer for reopening the assessment did not reveal any fresh tangible material, indicating that the belief was formed based on a mere verification of records, resulting in a change of opinion. The Court emphasized the conceptual difference between the power to review and the power to reassess, stating that while the Assessing Officer lacks the power to review, reassessment must be based on fulfilling certain preconditions. Removing the concept of "change of opinion" would allow the Assessing Officer to review assessments under the guise of reopening, leading to potential abuse of power. The Court ruled in favor of the assessee, upholding the principle that a mere change of opinion cannot justify reassessment proceedings.
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