2023 (7) TMI 1213

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....atha, Junior Standing Counsel For the Respondent : Mr.S.Sridhar JUDGMENT R.MAHADEVAN, J. Heard the learned counsel on either side and perused the materials available on record. By consent, this tax case appeal is taken up for final disposal at the stage of admission itself. 2. This tax case appeal has been filed by the appellant / Revenue, challenging the order dated 22.02.2023 passed by the ....

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....ection 147 by issuing a notice under Section 148, alleging that the assessee firm had not deducted TDS as required under Section 194(C) on the entire hire charges of Rs. 14,78,95,505/-. The Assessing Officer disallowed 30% of the charges, amounting to Rs. 4,43,68,652/- under Section 40(a)(ia) and has completed the reopened assessment on 30.12.2019. 4. The assessee, being aggrieved by the reopenin....

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.... purely based on a change of opinion. Therefore, this appeal by the Revenue. 6. The main contention of the learned senior standing counsel for the appellant is that the ITAT erred in considering the reopening of the assessment under Section 147 as a mere change of opinion, relying on the judgment of the Supreme Court in CIT v. Kelvinator India Limited [320 ITR 561 (SC)] and that, the ITAT failed ....

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.... the returns. Upon careful examination of the documents and details provided by the assessee along with the IT statement, the Assessing Officer completed the assessment under Section 143(3) of the Income Tax Act on 26.10.2016. The assessment order explicitly stated that the Assessing Officer had examined all the documents and details submitted by the assessee and accepted the income returned. Thus....