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TMI Blog2010 (1) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... e intimation under section 143(1)(a) was deemed to be a notice of demand under section 156, for recovery of tax applicable. By such application only recovery indicated to be payable in the intimation became permissible - Therefore, there being no assessment under section 143(1)(a), the question of change of opinion, as contended, does not arise. – ITAT set aside the orders of reassessment only on the ground there was change of opinion – order of ITAT reversed – reassessment upheld - 720 to 725 of 2004 - - - Dated:- 11-1-2010 - MR. D.MURUGESAN AND MR. .P.S.JANARTHANA RAJA, JJ. For Appellant :: Mr.Patty B.Jaganathan For Respondent :: Mr.R.Sivaraman JUDGMENT By D.MURUGESAN, J. These appeals are at the instance of the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rns of income filed by the assessee were accepted by the assessing officer under Section 143(1) thereby forming an opinion and when such orders were later on challenged, whether the Tribunal could interfere with such orders on the ground that there was a change of opinion to reopen the assessments. Once this issue is resolved, it will consequently resolve all the questions of law raised in these appeals. 3. The respondent-assessee filed the returns of income for the assessment years 1995-96 to 2000-01 showing the total loss of Rs.3,36,550/-, Rs.5,49,810/-, Rs.5,98,820/-, Rs.8,64,590/-, Rs.12,73,640/- and Rs.17,38,995/- respectively and the same were accepted under Section 143(1) of the Income Tax Act. Thereafter, notices under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... details and there was no occasion for the assessing officer to form any opinion as to the materials placed before him and in that circumstance, such a finding cannot be set aside by the Tribunal on the ground that there was a change of opinion. 5. Mr.Patty B.Jaganathan, learned counsel appearing for the revenue would submit that the Tribunal is not right in holding that there was a change of opinion. He would submit that when an intimation is made under Section 143(1) of the Act to the assessee to furnish certain details, the same cannot be construed to be an order of assessment made by the assessing officer thereby forming any opinion and that the question of change of opinion does not arise, as has been held by the Apex Court in Assis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing finding of the Apex Court in Assistant Commissioner of Income Tax v. Rajesh Jhaveri Stock Borkers P.Ltd., case reported in (2007) 291 ITR 500 (SC): "In the scheme of things, as noted above, the intimation under section 143(1)(a) cannot be treated to be an order of assessment. The distinction is also well brought out by the statutory provisions as they stood at different points of time. Under section 143(1)(a) as it stood prior to April 1, 1989, the Assessing Officer had to pass an assessment order if he decided to accept the return, but under the amended provision, the requirement of passing of an assessment order has been dispensed with and instead an intimation is required to be sent. Various circulars sent by the Central Board of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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