| COURT: | ITAT Delhi |
| CORAM: | H. S. Sidhu (JM), L. P. Sahu (AM) |
| SECTION(S): | 147 |
| GENRE: | Domestic Tax |
| CATCH WORDS: | Change of opinion, proviso to Section 147, Reassessment |
| COUNSEL: | Ananya Kapoor, Sanat Kapoor |
| DATE: | March 30, 2016 (Date of pronouncement) |
| DATE: | April 10, 2016 (Date of publication) |
| AY: | - |
| FILE: | Click here to download the file in pdf format |
| CITATION: | |
| S. 147: Reopening in the absence of fresh material and merely on change of opinion is nor permissible | |
“Therefore, we are of the considered view that assessee had made full and true disclosure during the original assessment proceedings. We are also of the view that reopening had been done merely on change of opinion in as much as that in the original assessment made u/s. 143(3) of the I.T. Act. We also find that AO has no fresh material to form his opinion regarding escapement of assessment and he has also not found any tangible material to record the reasons for reopening of the assessment of the assessee. It is a settled law that merely change of opinion is not permissible under the law.”
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