Search Results Page
Search Results
1 - 10 of 16 (0.62 seconds)
M/S. Ccl Products India Limited vs The Assistant Commissioner Of Income ... on 29 January, 2025
cites
Section 14A in The Income Tax Act, 1961 [Entire Act]
Section 148 in The Income Tax Act, 1961 [Entire Act]
Section 142 in The Income Tax Act, 1961 [Entire Act]
Section 44AB in The Income Tax Act, 1961 [Entire Act]
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Section 153 in The Income Tax Act, 1961 [Entire Act]
Commnr. Of Income Tax, Delhi vs M/S. Kelvinator Of India Ltd on 18 January, 2010
In the case of Commissioner of Income Tax, Delhi v. Kelvinator of
India Ltd.2, in Civil Appeal Nos.2009-2011 of 2003 and 2520 of 2008, dated
18.01.2010, the Hon'ble Apex Court went into the issue whether the concept of
"change of opinion" stands obliterated with effect from 01.04.1989 i.e., after
substitution of section 147 of the Income Tax Act, 1961 by Direct Tax Laws
(Amendment) Act, 1987? Ultimately held that where the Assessing Officer has
reason to believe that income has escaped assessment, section 147 of the Act
with effect from 01.04.1989 confers jurisdiction to reopen the assessment. It
was also observed that "mere change of opinion" cannot be per se reason to
1
[2012] 24 taxmann.com 310 (SC)
2
[2010] 187 taxman 312 (SC)
13
reopen drawing the conceptual difference between power to review and power
to reassess. It was held that the Assessing Officer has no power to review but
he has the power to reassess. The Assessing Officer has the power to reopen,
provided there is "tangible material" to come to the conclusion that there is
escapement of income from assessment. The reasons must have a live link
with the formation of the belief.
Article 226 in Constitution of India [Constitution]
M/S Madurai Power Corporation Private ... vs Deputy Commissioner Of Income Tax ... on 31 January, 2020
In the case of Madurai Power Corporation Private Limited v. Deputy
Commissioner of Income Tax Circle-1 3, in W.P.No.15201 of 2019, dated
30.01.2020, the then Division Bench of the High Court observed at Para No.12
of the said judgment that Section 147 of the Act further states that the
Assessing Officer should have reason to believe that certain income has
escaped the assessment on the basis of new facts/information which has
come to his knowledge subsequently. Section does not confer any right to
review when there is no new material or facts drawing a different conclusion is
noticed.