COMMISSIONER OF INCOME TAX (LARGE TAX PAYERS UNIT),KOLKATA vs. M/S. CENTURY PLYBOARDS (INDIA)LTD
What did the High Court hold?
The Tribunal held that the reassessment proceedings were not sustainable because the Assessing Officer had already considered the relevant information and issued queries during the original assessment, which were answered by the assessee. Therefore, the reopening constituted a change of opinion.
What were the facts?
The revenue appealed against the ITAT's order which held that the reopening of assessment proceedings under Section 148 was not sustainable. The assessee argued that the reopening was based on a change of opinion by the Assessing Officer, as all relevant information was available during the original assessment.
What were the issues?
The key issue was whether the reopening of assessment under Section 148 was legally valid, specifically if it was based on a change of opinion by the Assessing Officer.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Kelvinator of India Ltd.1,673 citing320 ITR 561 · 2010 · SC · Read judgment
OD – 34 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE IA NO:GA/2/2017 (OLD NO. GA/1141/2017) IN ITAT/129/2017 COMMISSIONER OF INCOME TAX (LARGE TAX PAYERS UNIT), KOLKATA VS. M/S. CENTURY PLYBOARDS (INDIA) LTD. BEFORE : THE HON’BLE JUSTICE T.S. SIVAGNANAM A N D THE HON’BLE JUSTICE HIRANMAY BHATTACHARYYA Date: November 25, 2021. Appearance : Mr. Smarajit Roy Chowdhury, Adv. Mr. Sushil Kumar Mishra, Adv. … for the appellant Mr. J. P. Khaitan, Sr. Adv. Mr. Swapna Das, Adv. Mr. Siddharth Das, Adv. … for the respondent The Court : This appeal filed by the revenue under Section 260A of the Income Tax Act, 1961 (the Act, in brevity) is directed against the order dated 13th July, 2016 passed by the Income Tax Appellate Tribunal “C” Bench, Kolkata in ITA Nos.2306 & 2307/Kol/2013 for the Assessment Years 2007-08 and 2008-09. The revenue has raised the following substantial question of law for our consideration:
2 “1. Whether on the facts and in the circumstances of the case, the Learned Tribunal erred in law is not appreciating that the re-opening of assessment proceedings under section 148 of the Income Tax Act is legal and valid?” We have elaborately heard Mr. Smarajit Roy Chowdhury, learned standing counsel for the appellant/revenue and Mr. J.P. Khaitan, learned senior counsel for the respondent/assessee. The short issue involved in this appeal is whether the reopening of the assessment was valid in law. The assessee filed an appeal before the Commissioner of Income Tax (Appeals) [CIT(A)] – XII, Kolkata challenging the order of reopening of the assessment as well as other issues. By placing reliance on the decision of the Hon’ble Supreme Court in the case of CIT vs. Kelvinator of India Limited reported in 320 ITR 561 (SC) the assessee contended that the Assessing Officer had no power to review and only he has power to reassess and the reassessment based on the fulfilment of certain preconditions which were not being fulfilled. Therefore, the reassessment is bad in law. That apart, the assessee contended that the reasons recorded would clearly show that it is a case of reassessment of opinion already placed at the time of original assessment and the reassessment is a clear case of change of opinion. The Commissioner of Appeal did not agree with the assessee’s contention in paragraph 4 of the order and rejected such contention.
3 We have perused the paragraph 4 of the order passed by the CIT (Appeals) and we find that the CIT (Appeals) has not assigned any specific reason as to how and in what manner the Assessing Officer was justified in reopening the assessment though the reopening was within the period of four years. The assessee carried the matter to the Tribunal. The Tribunal has rightly gone into the factual position and also specifically noted that the Assessing Officer at the time of original assessment had issued notice to the assessee under Section 142 (1) of the Act and also raised queries which were answered by the assessee and after considering the reply, the original assessment was completed. Therefore, the Tribunal held that the reassessment proceeding is not sustainable. We find that the reasons assigned by the Tribunal to set aside the reopening of the proceeding to be valid and proper. Accordingly, the appeal fails and the same stands dismissed. The substantial question of law is answered against the revenue. With the dismissal of the appeal, the connected stay application is also dismissed. (T. S. SIVAGNANAM, J.) (HIRANMAY BHATTACHARYYA, J.) S.Das/RS
More judgments on Section 148
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
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