2000 (9) TMI 59

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 1961 (in short the "Act"), the following question has been referred for opinion of this court by the Income-tax Appellate Tribunal, Delhi Bench "E" (in short "the Tribunal"), along with the statement of case : "Whether, on the facts and in the circumstances of the case, the Tribunal were legally correct in cancelling the assessment made under section 147(b) withdrawing the relief of Rs. 2,97,868 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d to the reopening of the assessment as per its letter dated September 14, 1971. It was stated that the entire facts in regard to the claim under section 84 were before the Income-tax Officer who made the original assessment and applying his mind relief under section 84 of the Act was allowed, since the income determined was Rs. 15,60,690, relief under section 84 was clearly admissible. The said c .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... bout the correct state of law would be information within the meaning of section 147(b) of the Act. On behalf of the assessee it was submitted that in the original assessment relief had been granted under section 84 after considering the facts of the case and position in law. Therefore, a subsequent change of opinion cannot bring any application of section 147(b). The Tribunal was of the view that .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X