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| The Tax Publishers2019 TaxPub(DT) 7580 (Pune-Trib) INCOME TAX ACT, 1961
Section 148
AO did not examine concerned issue in original assessment proceedings and accordingly, there was no formation of any opinion at the first instance. On a specific query, assesse could not point out any material indicating examination of the issue by AO during original assessment. Therefore, question of change of opinion as alleged by assesse did not arise and reopening was sustained as valid.
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Reassessment - Reason to believe - Assessee pleading change of opinion by AO - AO did not examine concerned issue during original assessment
AO noticed that assessee engaged in manufacture of sugar had sold/supplied sugar to its members at concessional rate. Accordingly, AO took the view that income chargeable to tax escaped assessment and, therefore, issued notice under section 148 so as to reopen assessment. Assessee challenged this on the ground of change of opinion on AO's part.Held: As evident, AO did not examine concerned issue in original assessment proceedings and accordingly, there was no formation of any opinion at the first instance. On a specific query, assesse could not point out any material indicating examination of the issue by AO during original assessment. Therefore, question of change of opinion as alleged by assesse did not arise and reopening was sustained as valid.
REFERRED :
FAVOUR : Against the assessee
A.Y. : 2007-08 to 2011-12
INCOME TAX ACT, 1961
Section 143(3) Section 147
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