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Income Tax - Highlights / Catch Notes

Home Highlights December 2020 Year 2020 This

Reopening of assessment u/s 147 - Material, which was already ...


Court Rules Reopening of Assessment u/s 147 Unjustified; No New Material Presented, Deemed a Jurisdictional Overreach.

December 28, 2020

Case Laws     Income Tax     HC

Reopening of assessment u/s 147 - Material, which was already placed on record, and considered in earlier two rounds of litigation can hardly be a reason to reopen the assessment and all that we can say is that the attempt of the Department is to reopen a settled issue solely based upon change of opinion. The Department is silent and has not disclosed as to what is the tangible material, which is now available with them more than those that were available with the Department in the earlier two rounds of litigation. - No hesitation to hold that the reopening of assessment is without jurisdiction, bad in law and liable to be set aside and consequently, the same is set aside. - HC

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