On writ against the reassessment notice the single judge dismissing the assessee\u2019s writ petition against the order of the Assessing Officer disposing of the objections filed by the assessee to a notice for reopening its assessment, holding that the correctness of such an order could be scrutinised only in the reassessment proceedings and not in a writ petition. The Division Bench, on appeal, quashed the notice of reassessment and the order disposing of the assessee\u2019s objections thereto, holding that in the absence of any allegation that there was any fresh material to come to a conclusion that income had escaped assessment, the Assessing Officer could not now take a stand that the claim made by the assessee under section\u00a037\u00a0of the\u00a0Income-tax Act, 1961\u00a0which was acceded to by the Assessing Officer, was incorrect and the expenditure was in the nature referred to in section\u00a035D\u00a0of the Act, that this was a clear case of change of opinion, that since the Act does not provide for any remedy against the order disposing of the objections by the Assessing Officer, writ petitions filed were maintainable, and that the Assessing Officer, while disposing of the objections, had not touched upon the issue relating to jurisdiction. On a petition for special leave to appeal to the Supreme Court,\u00a0 dismissing the petition the Court held that\u00a0 that the reopening of the assessment had been set aside by the High Court specifically observing that the reassessment proceedings were on a change of opinion and after taking into consideration the fact that at the time of original assessment under section\u00a0143\u00a0of the Act, specific queries were raised which were answered by the assessee and, therefore, thereafter, it was not open for the Revenue to reopen the assessment proceedings on the same ground. The High Court had not committed any error. (AY.2010-11)<\/p>\n","protected":false},"excerpt":{"rendered":"
S. 147 : Reassessment-With in four years-Specific queries raised by Assessing Officer and answered by assessee at time of original assessment-Change of opinion-Reassessment notice is not permissible. [S. 35D, 37(1), 148, Art. 226] <\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[21],"tags":[],"class_list":["post-30987","post","type-post","status-publish","format-standard","hentry","category-income-tax-act"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-83N","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/30987","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=30987"}],"version-history":[{"count":2,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/30987\/revisions"}],"predecessor-version":[{"id":32275,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/30987\/revisions\/32275"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=30987"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=30987"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=30987"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}