https://www.taxtmi.com/caselaws?id=277297 Relief granted under Section 26(3) depended on the later factual position as to whether the buildings, plant or machinery were in fact used after the termination of hostilities. When that later fact showed the assessee was not entitled to the relief, the earlier assessment became liable to reopening under Section 15. The court held that "discovered" in Section 15 is wide enough to cover discovery of a fact arising later, not only a concealed pre-existing fact, and distinguished cases involving mere change of opinion on the same material. The Excess Profits Tax Officer was therefore competent to revise the excessive relief, and the reference was answered against the assessee. en-us Tue, 01 Apr 1952 00:00:00 +0530 Fri, 30 Nov 2018 16:46:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=277297 Relief granted under Section 26(3) depended on the later factual position as to whether the buildings, plant or machinery were in fact used after the termination of hostilities. When that later fact showed the assessee was not entitled to the relief, the earlier assessment became liable to reopening under Section 15. The court held that "discovered" in Section 15 is wide enough to cover discovery of a fact arising later, not only a concealed pre-existing fact, and distinguished cases involving mere change of opinion on the same material. The Excess Profits Tax Officer was therefore competent to revise the excessive relief, and the reference was answered against the assessee. Case-Laws Income Tax Tue, 01 Apr 1952 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=277297