2022 (5) TMI 340

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....llant Through: Ms. Vibhooti Malhotra, senior standing counsel with Mr. Shailendra Singh, Advocate. Respondent Through: None J U D G M E N T MANMOHAN, J (Oral) 1. Present Income Tax Appeal has been filed challenging the Order dated 31st August, 2019 passed by the Income Tax Appellate Tribunal ('ITAT') in ITA No. 1781/Del/2015 for the Assessment Year 2007-08. 2. Learned counsel for th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....es not mean a mere change of opinion as the Assessing Officer has no power to review but he/she has the only power to re-assess. 5. The Supreme Court in Commissioner of Income Tax, Delhi vs. Kelvinator of India Limited, (2010) 2 SCC 723 has held that the concept of 'change of opinion' is an in-built test to check abuse of power by the Assessing Officer. It has further held that after 01^st Apri....