INCOME TAX ACT, 1961

Section 147

Reassessment - Change of opinion - Based on information received by investigation wing of the department -

During the course of survey conducted on assessee, various incriminating documents were found, examined and impounded. Reasons were recorded for reopening of assessment. Assessee pleaded that assessment of her husband was framed under section 143(3) and reopening of assessment in his case was quashed, therefore, on same analogy, reopening of assessment in her case should also be quashed. Held: Appeal of assessee's husband for the assessment year under appeal was decided and copy of which was filed in the instant case to bring to the notice of the authority that reopening of his assessment was quashed, but in assessee's case AO at the time of recording reasons for reopening of assessment specifically mentioned that no order was passed under section 143(3) for the assessment year in appeal. Therefore, contention of assessee that issue of reopening of assessment was covered in her favour, was not tenable, hence rejected. As no other submissions were made with regard to reopening of assessment, order of reopening of assessment was justified.

REFERRED :

FAVOUR : Against the assessee

A.Y. : 2009-10

INCOME TAX ACT, 1961

Section 68

SUBSCRIBE FOR FULL CONTENT