| |
| The Tax Publishers2019 TaxPub(DT) 5205 (Guj-HC) : (2019) 416 ITR 0249 INCOME TAX ACT, 1961
Section 148
Issuance of reassessment notice on the basis of very same material having taken into consideration during original assessment proceedings amounted to mere change of opinion and, therefore, section 148 notice was quashed as invalid.
|
Reassessment - Change of opinion - Reopening on basis of very same material having examined in original assessment -
AO issued notice under section 148 for the reason that sales promotion expenses were not allowable in assessee's hands and income to that extent had escaped assessment. Assessee challenged the notice by way of writ application.Held: Assessee had furnished complete details of sales promotion expenses with account copy, name and address of parties, PAN, confirmation and business exigencies, etc., in response to the notice issued under section 142(1) during original assessment proceedings and no fresh tangible material came to notice of AO after that point of time so as to form belief that income chargeable to tax had escaped assessment. Accordingly, reopening of assessment sought on the basis of very same material amounted to mere change of opinion and, therefore, notice under section 148 was invalid.
Applied :CIT v. Kelvinator of India Ltd. (2010) 320 ITR 561 (SC) : 2010 TaxPub(DT) 1335 (SC) .
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2013-14
IN THE GUJARAT HIGH COURT
 SUBSCRIBE FOR FULL CONTENT
|