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The High Court of Bombay dismissed the Department's application under section 256(2) of the Income-tax Act, 1961. The Tribunal was justified in holding that reopening the assessment was not justified as it was a case of the Income-tax Officer changing his opinion on the same set of facts. The Tribunal rightly dismissed the application as there was no valid assumption of jurisdiction under section 147(b). The rule was discharged with no order as to costs.
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