THE PANCHRATNA CO OPERATIVE HOUSING SOCIETY LTD ,MUMBAI vs. INCOME TAX OFFICER -19(3)(1), MUMBAI

ITA 1433/MUM/2025Status: DisposedITAT Mumbai25 November 2025AY 2013-14Bench: SHRI VIKRAM SINGH YADAV (Accountant Member), SHRI ANIKESH BANERJEE (Judicial Member)1 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that reopening an assessment based on the same material and issues already considered and decided in the original assessment is unsustainable. A mere change of opinion does not constitute valid reasons to believe that income has escaped assessment.

What were the facts?

The assessee, a co-operative housing society, had its assessment reopened under Section 147. The Assessing Officer (AO) believed income had escaped assessment due to alleged incorrect claims of deduction under Section 80P and other income sources. The assessee argued that these issues were already examined and decided in the original assessment.

What were the issues?

Whether reopening of assessment under Section 147 is valid when the grounds for reopening were already examined and decided in the original assessment proceedings, and whether a change of opinion can form the basis for reopening.

Which sections of the Income-tax Act were involved?

Section 147,Section 144B,Section 148,Section 80P,Section 250

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Income Tax Appellate Tribunal, MUMBAI BENCH “C”, MUMBAI

Before: SHRI VIKRAM SINGH YADAV & SHRI ANIKESH BANERJEE

For Appellant: Shri Poojan Mehta, CA
For Respondent: Shri Virabhadra Mahajan, (SR.DR.)
Hearing: 13/11/2025Pronounced: 25/11/2025

Per Shri Anikesh Banerjee (JM): The instant appeal of the assessee filed against the order of the National Faceless Appeal Centre (NFAC), Delhi [for brevity, ‘Ld.CIT(A)’] passed under section 250 of the Income-tax Act, 1961 (in short, ‘the Act’) for assessment year 2013-14, date of order 10/12/2024. The impugned order was emanated from the order of the Assessment Unit, Income-tax Department (in short, the “Ld. AO”), order passed u/s. 147 r.w.s 144B of the Act, date of order 18/05/2023. 2 The Panchratna Co-operative Housing Society Ltd

2.

The brief facts of the case is that the assesse

The order continues below.

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