| COURT: | Calcutta High Court |
| CORAM: | I. P. Mukerji J |
| SECTION(S): | 147 |
| GENRE: | Domestic Tax |
| CATCH WORDS: | Affidavit, Change of opinion, Escapement of Income, Reopening |
| COUNSEL: | R. N. Bajoria |
| DATE: | September 29, 2014 (Date of pronouncement) |
| DATE: | October 5, 2014 (Date of publication) |
| AY: | 2006-200 |
| FILE: | Click here to download the file in pdf format |
| CITATION: | |
| The formal reasons given in support of reopening the case cannot be added to or subtracted from or improved in the affidavit-in-opposition | |
In Hindustan Lever Ltd. Vs. R.B. Wadkar, Assistant Commissioner of Income-Tax And Others (No.1) reported in 268 ITR 322 (Bombay) and Aroni Commercials Ltd. Vs. Deputy Commissioner of Income-Tax And Another reported in (2014) 362 ITR 403(Bom) both Division Bench judgments of the Bombay High Court that the formal reasons given in support of reopening the case cannot be added to or subtracted from or improved in the affidavit-in-opposition. In this case also the reasons dated 05th February, 2013 have been sought to be improved in the affidavit-in-opposition which is not permissible on the basis of the above decisions. Furthermore, what is more important is that the assessment was sought to be reopened on a mere change of opinion, the change of opinion being with regard to estimation of the indexed cost of acquisition on 1st April, 1981. It has been declared in the formal reasons that the justification for reassessment was to be found the view of the Income Tax Officer Chennai. On the face of the records the department was acting on a change of opinion. It is settled law that an assessment can not be reopened on a change of opinion.
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