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Commnr. Of Income Tax, Delhi vs M/S. Kelvinator Of India Ltd on 18 January, 2010

his mind which evident from the fact that he re-computed the deduction allowable u/s.44C of the I.T. Act, 1961. Therefore, the present case is one of a mere change of opinion which is not permissible as observed by the Hon'ble Supreme Court in the case of Kelvinator of India Ltd.(supra). The ratio of that decision is squarely applicable to the facts of assessee's case. Hence, keeping in view the observation of the Hon'ble Supreme Court in mind, the only inescapable conclusion is that section 147/148 proceedings are without jurisdiction. We, therefore, quash the assessment framed u/s.147 r.w.s. 148 of the I.T. Act, 1961 on 10/12/2007.
Supreme Court of India Cites 4 - Cited by 1696 - S H Kapadia - Full Document
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