Dismissing the appeal of the revenue the Court held that the Tribunal was fully justified in holding that reopening the assessment beyond a period of four years was on a change of opinion and did not satisfy the requirements to be fulfilled in terms of the first proviso to section 147. The Department had not made out any ground to interfere with the order passed by the Tribunal. (AY. 2009-10)
CIT v. B. Suresh Kumar (2021) 430 ITR 60 (Mad.)(HC)
S. 147 : Reassessment-After the expiry of four years-No failure to disclose material facts- Change of opinion-Tax deducted at source-Notice and reassessment is held to be invalid. [S. 148]