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Documents citing Indian And Eastern Newspaper Society ... vs Commissioner Of Income Tax, New Delhi on 31 August, 1979

Y.V. Anjaneyulu vs Income-Tax Officer on 15 September, 1989

12. Contentions : The rival contentions may now be adverted to. Sri Dastur, learned counsel for the petitioner, submits that the previous Income-tax Officer who passed the assessment order was aware of all that was stated to be the reasons for issuing the impugned notice; the respondent has merely reproduced in the reasons recorded all that was contained in the audit report, without even verifying the decisions referred to in the audit report, which clearly shows that the impugned notice was the result of non-application of mind. The audit report has gone beyond permissible limits by expressing an opinion on law instead of drawing attention to the legal position. Further, no new facts or circumstances had come to the notice of the respondent warranting reopening of assessment; a mere change of opinion with regard to the same material would not amount to valid exercise of power and, therefore, the notice impugned is invalid. There is no rational nexus between the material adverted to in the reasons recorded and the formation of opinion and so, the exercise of power is vitiated, as it is in contravention of the provisions enacted in section 147(b) of the Act. The respondent's failure to produce the record concerning the so-called enquiries said to have been made before issuing the impugned notice vitiates the impugned notice. The second counter filed by Sri Dayanand, Income-tax Officer, seeking to support the action for issuing the notice, must be ignored, as it is extraneous to the audit report as well as the order sheet. The rulling of the Supreme Court in Indian and Eastern Newspaper Society v. CIT , applies on all fours to the case on hand and, therefore, the impugned notice must be struck down.
Andhra HC (Pre-Telangana) Cites 67 - Cited by 6 - K J Reddy - Full Document

Commissioner Of Income-Tax vs Hackbridge-Hewittic & Easun Ltd. on 8 March, 1985

Now, it is difficult for us to see how the fact that the decision in Anandji Haridas case [1968] 21 STC 326 which has been rendered by Bench of judges can take away the binding nature of decision of the Supreme Court in Indian and Easter Newspaper Society's case [1979] 119 ITR 996, which was expressly rendered on a construction of s. 147(b) of the I.T. Act. The Supreme Court has clearly laid down in that decision that the opinion of the audit party on a point of law could not be regards as "information" enabling the ITO to initiate reassessment proceedings under. 147(b). In that case, the ITO, when he made the original assessment, had considered the provisions of ss. 9 and 10 of the Indian I.T. Act, 1922, and the Supreme Court took the view that any different view taken by the ITO afterward soon the application of those provisions would amount to change a of opinion on material already considered by him. This decision of the Supreme Court took the view that any different view taken by the ITO aftewards on the application of those provisions would amount to a change of opinion on material already considered by him. The decision of the Supreme Court has been considered by the Bombay High Court in two later decision which have been cited before us behalf of the Revenue.
Madras High Court Cites 17 - Cited by 5 - Full Document

Commissioner Of Income Tax vs Lucas T.V.S. Ltd. on 16 July, 1996

This would amount to pointing out the law and the interpretation of the provisions contained in s. 35, which is clearly barred by the decision of the Supreme Court in Indian and Eastern Newspaper Society vs. CIT (supra), for reopening the assessment under s. 147(b) of the Act. The conclusion arrived at by the Tribunal that the reopening of the assessment under s. 147(b) of the Act by the ITO is bad in view of the decision of the Supreme Court, cited supra, appears to be in order. Accordingly, we answer question No. 1 referred to us in the affirmative and against the Department.
Madras High Court Cites 10 - Cited by 0 - Full Document

Waldies Ltd. vs Income-Tax Officer And Ors. on 13 July, 2000

So far as the last part is concerned it is crystal clear from the affidavit of the authority that conclusion was arrived at by the Revenue audit, therefore, the same is an opinion which cannot be the basis for reopening of assessment as per the ratio of the judgment reported in Indian and Eastern Newspaper Society v. CIT . So far as the word "suspect" is concerned, the same ought to stand on a fact of omission or failure on the part of the assessee which is also not the case of the authority, therefore, there is no reason even to suspect. Hence, there is no finding of service of notice at all.
Calcutta High Court Cites 17 - Cited by 1 - A Lala - Full Document

Assistant Commissioner Of Income Tax ... vs Wave Distilleries And Breweries ... on 28 February, 2025

The Hon'ble Gujarat High Court also referred to the ITA Nos.153 to 157/LKW/2023 C.O. Nos.23, 24, 21,22 and 25/LKW/2023 Page 53 of 61 Head Note in the judgment rendered by the Hon'ble Apex Court in the case of Indian and Eastern Newspaper Society vs. CIT reported in [1979] 119 ITR 966 (SC) and reiterated that the opinion rendered by the Audit Party in regard to the law cannot, for the purpose of such belief, add to or colour the significance of such law and that true evaluation of the law in its bearing on the assessment must be made directly and solely by the Income Tax Officer. Thus, based on the above judicial precedents also, we are of the considered opinion that the AO did not hold independent belief at any point of time that the income of the assessee had escaped assessment for five years under appeal. 14.8 Thus, to sum up, the issue of validity of reassessment proceedings, section 147 of the Act does not allow reassessment of income on change of opinion. It is worthwhile to point out that reopening was initiated with respect to alleged profit generated on account of sales made on behalf of UBL. Disclosure to this effect had categorically been made by the assessee in its Notes to Accounts attached with the Balance Sheet which were duly before the AO during the course of regular assessment proceedings.
Income Tax Appellate Tribunal - Lucknow Cites 28 - Cited by 0 - Full Document

Wave Distilleries And Breweries ... vs Assistant Commissioner Of Income Tax ... on 28 February, 2025

The Hon'ble Gujarat High Court also referred to the ITA Nos.153 to 157/LKW/2023 C.O. Nos.23, 24, 21,22 and 25/LKW/2023 Page 53 of 61 Head Note in the judgment rendered by the Hon'ble Apex Court in the case of Indian and Eastern Newspaper Society vs. CIT reported in [1979] 119 ITR 966 (SC) and reiterated that the opinion rendered by the Audit Party in regard to the law cannot, for the purpose of such belief, add to or colour the significance of such law and that true evaluation of the law in its bearing on the assessment must be made directly and solely by the Income Tax Officer. Thus, based on the above judicial precedents also, we are of the considered opinion that the AO did not hold independent belief at any point of time that the income of the assessee had escaped assessment for five years under appeal. 14.8 Thus, to sum up, the issue of validity of reassessment proceedings, section 147 of the Act does not allow reassessment of income on change of opinion. It is worthwhile to point out that reopening was initiated with respect to alleged profit generated on account of sales made on behalf of UBL. Disclosure to this effect had categorically been made by the assessee in its Notes to Accounts attached with the Balance Sheet which were duly before the AO during the course of regular assessment proceedings.
Income Tax Appellate Tribunal - Lucknow Cites 28 - Cited by 0 - Full Document

Smt. Gowri Rajes And Ors. vs Commissioner Of Income-Tax on 26 March, 1998

The assessees once again questioned the powers of the Income-tax Officer to reopen the assessment on the basis of the later decision of the Supreme Court in Indian and Eastern Newspaper Society v. CIT [1979] 119 ITR 996, and contended that the reopening of the assessments by the Income tax Officer was invalid and the officer lacked jurisdiction to invoke the provisions of Section 147(b) of the Act. The first appellate authority rejected the contention urged by the assessees which was confirmed by the Appellate Tribunal.
Madras High Court Cites 6 - Cited by 0 - Full Document

Commissioner Of Income-Tax, Bombay-Ii vs Killick Industries Ltd. on 8 April, 1980

In its later decision in Indian and Eastern Newspaper Society v. CIT [1979] 119 ITR 996, the Supreme Court did not accept the aforesaid wide proposition of law as laying down the correct law on the point and has in terms held that the aforesaid proposition to the effect (headnote), "that a case where income had escaped assessment due to 'oversight, inadvertence or mistake' of the ITO must fall within s. 34(1)(b) of the Indian I.T. Act, 1922, is stated too widely and travels farther than the statute warrants in so far as it can be said to lay down that if, on reappraising the material considered by him during the original assessment, the ITO discovers that he has committed an error in consequence of which income has escaped assessment, it is open to him to reopen the assessment. An error discovered on a reconsideration of the same material (and no more) does not give him that power".
Bombay High Court Cites 11 - Cited by 4 - Full Document
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