2000 (9) TMI 38

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....AT C. J.--- Pursuant to the direction given 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 ....

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....ficer did not accept the plea and made assessment 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 with....

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....materials on record and, there fore, it cannot be 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 holdi....