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| The Tax Publishers2019 TaxPub(DT) 8359 (Mum-Trib) INCOME TAX ACT, 1961
Section 147
AO in the original assessment proceedings under section 143(3) had conducted enquiries about items as mentioned in reasons recorded for issuance of notice under section 148, therefore, reopening under section 147 was based on the same set of documents examined during original proceedings was not sustainable.
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Reassessment - Reason to believe - Change of opinion -
AO reopened assessment for the reason that income on amount of provision written back had not been included in the income under the head 'income from incidental activities' while determining the income under Chapter XII-G special provisions relating to income of shipping companies.Held: As evident AO in the original assessment proceedings under section 143(3) had conducted enquiries about items as mentioned in reasons recorded for issuance of notice under section 148, therefore, reopening under section 147 was based on the same set of documents examined during original proceedings was not sustainable.
Supported by:CIT v. Kelvinator India Ltd. (2010) 320 ITR 561 (SC) : 2010 TaxPub(DT) 1335 (SC), State Bank of India (Mumbai) v. ACIT [Writ Petition No. 271 of 2018] : 2018 TaxPub(DT) 3630 (Bom-HC) and Gujarat Power Corporation Ltd. v. Asstt. CIT (2013) 26 Taxmann.com 51 (Guj) : 2013 TaxPub(DT) 409 (Guj-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2006-07
IN THE ITAT, MUMBAI BENCH
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