M/S. LEBEN LABORATORIES PVT. LTD.,AKOLA vs. ACIT, AKOLA CIRCLE, AKOLA, AKOLA

ITA 459/NAG/2013Status: DisposedITAT Nagpur29 March 2019AY 2003-0410 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that reopening the assessment based solely on a change of opinion, without any new tangible material, is bad in law. Consequently, the reassessment proceedings were set aside.

What were the facts?

The assessee claimed deduction under Section 80IB for its pharmaceutical manufacturing units. The original assessment allowed a restricted deduction, but the assessment was reopened to deny it entirely. The assessee challenged the reopening as being based on a mere change of opinion.

What were the issues?

Whether the reopening of assessment under Section 147 was valid when it was based on a change of opinion by the Assessing Officer, and whether the denial of deduction under Section 80IB was justified.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 143(3),Section 80IB

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Cases cited in this judgment(3)Show list

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Income Tax Appellate Tribunal, NAGPUR BENCH, NAGPUR

Before: SHRI D. KARUNAKARA RAO, AM & SHRI VIKAS AWASTHY, JM

For Respondent: Shri R.K. Baral

Heard together (2 matters)

ITA No.459/NAG/2013
ITA No.235/NAG/2015

Read from the judgment's own cause title. This page is filed under one of them.

PER VIKAS AWASTHY, JM :

ITA No. 459/NAG/2013 by the assessee is against the order of Commissioner of Income Tax (Appeals)-16, Mumbai, Camp : Nagpur dated 05-08-

The order continues below.

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