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1 - 10 of 10 (0.76 seconds)Section 14A in The Income Tax Act, 1961 [Entire Act]
Section 147 in The Income Tax Act, 1961 [Entire Act]
Section 144 in The Income Tax Act, 1961 [Entire Act]
The Income Tax Act, 1961
Commnr. Of Income Tax, Delhi vs M/S. Kelvinator Of India Ltd on 18 January, 2010
Therefore, now
to propose reassessment on the very same
issues would amount to proposing reassessment
on a mere change of opinion which is not
permissible in law as has been laid down by
the Apex Court in case of CIT v. Kelvinator
of India Ltd. reported in (2010) 320 ITR 561.
The Advocates Act, 1961
Calcutta Discount Company Limited vs Income-Tax Officer, Companies ... on 1 November, 1960
C/SCA/16885/2018 CAV JUDGMENT DATED: 16/12/2022
5.4) Relying upon the Explanation 1 to
Section 147 of the Act, it was submitted that
the said explanation clearly states that
production of account books or other evidence
from which material evidence could, with due
diligence, have been discovered by the
Assessing Officer will not necessarily amount
to disclosure. It was submitted that the
contention of the petitioner that the
Assessing Officer could have asked for
further details during the course of original
scrutiny proceedings stands negated in view
of Explanation 1 to Section 147 which does
not exonerate the assessee from disclosing
full and true material facts. It was
submitted that the Apex court in the decision
of Calcutta Discount (supra) has held that
the assessee cannot contend that by
disclosing certain evidence, he should be
deemed to have disclosed other evidence,
which might have been discovered by the
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assessing authority if he had pursued
investigation on the basis of what has been
disclosed. It was submitted that the
petitioner also does not dispute the fact
that no agreements were produced with regard
to guarantee commission payment to
entities/individual except Moti Hira Land
Developers. Therefore, there is a failure on
part of the petitioner as to full and true
disclosure, and the same can be clearly
culled out from the reasons recorded.
5.5) With regard to the remaining three
issues of reopening with regard to (i) Excess
Payment of interest, (ii) Disallowance u/s
14A and (iii) Income reconciliation as per
26AS with regard to contract income, it was
submitted that that there is no application
of mind by the Assessing Officer on these
three issues in the original assessment
proceedings and therefore, concept of change
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of opinion would not be applicable. It was
therefore, submitted that the petition may be
dismissed.
Article 226 in Constitution of India [Constitution]
Shri Dhruv Dipakbhai Panchal,, ... vs The Income Tax Officer, Ward-5(2)(2),, ... on 15 July, 2019
2) In case of Dhruv Dipakbhai Panchal v.
Income Tax Officer Ward 5(2)(2) reported in
(2018) 93 taxmann.com 206 (Gujarat).
4.10) It was submitted that there is
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nothing stated in the reasons recorded or
from the material on record which suggest
that the assessee failed to disclose truly
and fully all material facts.
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