Golden Tobacco Ltd. v. ACIT (2022)447 ITR 736/ 285 Taxman 688 (Bom) (HC)

S. 147 : Reassessment –With in four years- Reason must be based on tangible material —Change of opinion -Assessment order did not mention these issues not material — Reasons cannot be improved or supplemented or substituted by affidavit or oral submissions- Notices and order rejecting objections quashed and set aside .[ 142(1), 143(2), 148 , Art , 226 ]

Held that once a query is raised during the assessment proceedings and the assessee has replied to it, it follows that the query raised was a subject of consideration by the Assessing Officer while completing the assessment. It is not necessary that the assessment order should contain a reference or discussions to disclose his satisfaction in respect of the query raised. Aroni Commercials Ltd. v. Dy.CIT  ( 2014) 362 ITR 403 ( Bom)( HC)  .Court also held taht  reasons cannot be improved or supplemented or substituted by affidavit or oral submissions.  First Source Solutions Ltd. v. ACIT ( 2021)) 438 ITR 139 ( Bom)( HC) .  ( AY.2003-04)

 

One comment on “Golden Tobacco Ltd. v. ACIT (2022)447 ITR 736/ 285 Taxman 688 (Bom) (HC)
  1. ALIND P GUPTA says:

    How can one get the copy of this Judgement ??

Leave a Reply

Your email address will not be published. Required fields are marked *

*