2016 (10) TMI 1134

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... g in Kelvinator (supra) is also clear that a change of opinion or review as it were based upon the existing materials with no more, is inadequate to justify reopening of a completed assessment. Furthermore, the materials on record show that in both the cases, the original assessments were completed under Section 143 (3). Having regard to all these facts, the court is of the opinion that the impugned notices and further proceedings cannot stand the test of law; they are hereby quashed. - Decided in favour of assessee.
HON'BLE MR. JUSTICE S. RAVINDRA BHAT AND HON'BLE MS. JUSTICE DEEPA SHARMA For the Petitioner : Mr. Sanjeev Sabharwal, Senior Advocate with Mr.Abhimanyu Jhamb, Mr. Mohit Jhamb, Advocates. For the Respondent : Mr. P .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... withdrawn through cash by Sh. Dharamvir Singh Rao". For the assessment year 2010-11, an identically worded notice was issued, which reads as under : "Return of income declaring total income of RS.92,35,990/- was filed by the assessee on 15.10.2010. The return was processed u/s 143(1) on 08.05.2011. The case was selected for scrutiny under CASSo Assessment u/s 143(3) was completed in this case on 26.03 .2013 at an income of ₹ 1,00,41,200 as against return income of RS.92,35,990/by then A.O., Circle-20(1),New Delhi. During the course of audit Scrutiny by office of the . DCIT, SAP-II , New Delhi, it was seen that interest u/s 234B had been short charged by ₹ 48,218/-. Order u/s 154/143(3) was passed in the case on29.11.2103 at a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the scrutiny of a valid "opinion" based upon tangible material, an essential requirement spelt out by the Supreme Court in Commissioner of Income Tax v. Kelvinator Ltd. 320 ITR 561. Learned counsel for the respondent submits that reference to information and further inquiries made pursuant to it are sufficient to constitute "reasons to believe" within the meaning of the expression under Section 147 (1) of the Act. Learned counsel also relied on the relevant file notings which were produced in court. We have considered the submissions made before us and the material on record. Neither is the notice containing the reasons nor is the official file forthcoming about what the Assessing Officer meant by "an information in respect of a suspiciou .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X