Bench of three
Judges of this Court in CIT vs. Kelvinator of India Limited , (2002)
256 ITR 1 (Del - FB). Revenue had filed an appeal ... Revenue
in a decision which is reported as CIT vs. Kelvinator of India Ltd.
(2010) 2 SCC 723. Conflicting views expressed on the question
Kelvinator Of India Ltd. vs The Commissioner Of Income Tax & Ors on 23 August, 2013
Author: Badar Durrez Ahmed
Bench: Badar Durrez Ahmed , Chief ... DELHI
% Judgment delivered on: 23.08.2013
+ W.P.(C) 1113/1991
M/s KELVINATOR OF INDIA LTD. ... Petitioner
versus
THE COMMISSIONER OF INCOME
decision of Full
Bench of this Court in CIT vs. Kelvinator of India Ltd. , (2002) 256 ITR 1,
which has been affirmed by Supreme Court ... Kelvinator of
India Ltd. , (2010) 2 SCC 723, is applicable.
8. Section 147 of the Act reads as under:-
"147. Income escaping assessment
sales under the brand name of
"Kelvinator". The payment was to be made to M/s. White
Consolidated Inc. of Ohio, USA. However ... agreement also
recognized the amalgamation of Electrolux Voltas Pvt. Ltd. with
Electrolux Kelvinator Ltd. Another change made in the agreement
was to change the brand
judgment of the Supreme Court in the case of
CIT vs. Kelvinator of India Ltd. (2010) 320 ITR 561. Several other authorities were
adverted ... brought out by the Supreme Court in Commissioner of Income Tax vs.
Kelvinator of Income-tax & Anr. (supra) in the following words:-
"However
Counsel relied upon
the decision of Supreme Court in CIT vs. Kelvinator (India) Ltd. (2010)
320 ITR 561. The learned counsel relied upon the response ... Counsel for the revenue urged that in terms of Kelvinator (India) Ltd.
(supra) the reassessment proceedings were within jurisdiction and ought
not to be interfered
counter to the Full Bench decision of this
Court in CIT versus Kelvinator India Limited , (2002) 256
ITR 1(Del.), which has been approved ... Full Bench of this
Court and the Supreme Court in Kelvinator India Limited
(supra).
5. For the sake of convenience, the said paragraphs
validity of initiation
of reassessment proceedings, in the case of CIT vs. Kelvinator of
India Ltd. (2002) 256 ITR 1 (Del), it has been observed ... dismissed by the decision reported in
Commissioner of Income Tax, Delhi v. Kelvinator of India
Limited , (2010) 320 ITR 723(SC). The Supreme Court
Full Bench of this Court, in Commissioner of Income Tax, Delhi Vs.
Kelvinator of India Limited (2010) 2 SCC 723 observed that ... extraordinary powers
under proviso to Section 147 of the Act. Now, Kelvinator of India (supra) is
authority that the Assessing Officer can re-open assessment
decision of the Supreme Court reported in
Commissioner of Income Tax Vs. Kelvinator of India Limited [2010]
320 ITR 561. It is argued that once ... Full Bench decision of this Court in Commissioner
of Income Tax Vs. Kelvinator of India Ltd. , reported as [2002] 256 ITR
1, this Court expressed
