ITO v. Hemanshu Ramniklal Shah (2025) 305 Taxman 408 (SC) Editorial : Hemanshu Ramniklal Shah v. ITO (2025) 171 taxmann.com 19 (Guj)(HC)

S. 147 : Reassessment-Cash credits-Change of opinion-Reassessment notice and order was quashed by High Court-SLP of revenue was dismissed on account of delay of 308 days in filing SLP which had not been satisfactorily explained and also on merits.[S. 68, 148, Art, 136]

Assessee filed its return of income which was selected for scrutiny and an assessment order under section 143(3) was passed, making additions under section 68. Thereafter, a reopening notice was issued on ground that assessee had not disclosed fully and truly all facts and details with regard to trading done through broker and as such, return was processed under section 143(1) and no scrutiny assessment was passed under section 143(3). On writ the Court held that   at time when assessment order under section 143(3) was passed, Assessing Officer was in possession of transaction details through broker and thereby, same could not be made subject matter again to assume jurisdiction under section 148 for reopening of assessment, as same had already been concluded-High Court held that reopening notice was nothing but change of opinion and same was not permissible in law.On SLP by revenue the Court dismissed the SLP  on account of delay of 308 days in filing SLP by revenue and delay had not been satisfactorily explained and also also on merits. (AY. 2011-12)

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