Emkay Global Financial Services Ltd v.ACIT (2024) 465 ITR 763 / 160 taxmann.com 275 (Bom)(HC) Editorial : SLP of revenue dimissed, ACIT v. Emkay Global Financial Services Ltd. (2025) 304 Taxman 185 / 482 ITR 286 (SC)

S.147: Reassessment-After the expiry of four years-Business loss-Stock broking-Change of opinion-High Court quashed the reassessment notice and order disposing the objection. [S. 28(i), 148, Art. 226]

Assessee was in business of shares and stock broking. Assessing Officer issued notice under section 148 on ground that assessee had wrongly claimed loss on certain trades as business loss and thus income chargeable to tax had escaped assessment   High Court held that since issue involved in reasons for reopening were examined at time of original assessment, it was a clear case of change of opinion which did not constitute justification and/or reasons to believe that income chargeable to tax had escaped assessment. Reassessemnt notice and order disposing the objection was quashed. (AY. 2015-16)

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