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Amin'S Pathology Laboratory vs P.N. Prasad, Joint Commissioner Of ... on 17 September, 2001

23. The learned Departmental Representative for the Revenue has placed reliance on the ratio laid down by the Hon'ble Bombay High Court in Amin's Pathology Laboratory Vs. P.N. Prasad, JCIT (supra). It may be noted that the said decision was in respect of assessment order passed under section 143(3) of the Act, wherein the reopening was upheld holding it to be not a case of change of opinion on the part of Assessing Officer, since he had not opined in respect of an item representing unpaid purchases. Reliance placed upon by the learned Departmental Representative for the Revenue on the said case is misplaced since 29 ITA No.608/PUN/2014 ITA No.623/PUN/2014 CO Nos.20 & 28/PUN/2015 the issue before us is not case of change of opinion but case of reason to believe for escapement of income and the absence of tangible material.
Bombay High Court Cites 16 - Cited by 43 - S H Kapadia - Full Document
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