2006 (2) TMI 701

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... dered in this appeal shall also govern the disposal of other two appeals being ITA Nos. 68 and 69 of 2001 because all these three appeals involve identical question and secondly they are between the same parties. 2. This is an appeal filed by Revenue (Commissioner of Income-tax) under section 260A of the Income-tax Act against an order dated 12-7-2001, passed by ITAT (for brevity hereinaf .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... hafekar, learned senior counsel with Shri D.S. Kale, learned counsel for the respondent. 4. It is not disputed that in case, if question No. 1 is answered against the appellant (revenue) and in favour of respondent i.e., an assessee then in that event there would be no need to answer the question No. 2 on merits. 5. Learned counsel for the assessee at the outset, brought to our n .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... . s case (supra) by the Full Bench of Delhi High Court and it was held that it cannot be made a ground to re-open the assessment. Speaking for the Bench, the learned Chief Justice S.B. Sinha (as His Lordships then was) held as under:- The scope and effect of section 147 as substituted with effect from 1-4-1989, by the Direct Tax Laws (Amendment) Act, 1987, and subsequently amended by th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... with the legislative intent and the scheme of the Act in dealing with the cases relating to re-assessment. In the aforesaid case, their Lordships in detail examined the true scope of section 147 ibid as it stood prior to amendment w.e.f. 1-4-1989 and subsequent to it and then categorically held that mere change of opinion of Assessing Officer cannot be made on basis for re-opening of the concluded .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ur of assessee. As a consequence, as observed supra, we do not consider it necessary to decide the second question on its merits which in our opinion becomes academic in nature. We, therefore, decline to examine and answer the second question on merits and leave it to answer in any other case as and when occasion arises. 9. As a result, the appeal fails and is dismissed. No costs .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X