PRINCIPAL COMMISSIONER OF INCOME TAX , KOL -3,KOL vs. M/S. WEST BENGAL ESSENCIAL COMMODITIES SUPPLY CORP.LTD,KOL
What did the High Court hold?
The tribunal correctly held that the reassessment proceedings were illegal as they were initiated based on a change of opinion by the Assessing Officer, without any new material coming to his possession. The High Court found no substantial question of law arose.
What were the facts?
The revenue appealed against an ITAT order that cancelled reassessment proceedings initiated under Section 147. The reassessment was initiated after four years, and the tribunal found it was based on a change of opinion without new material.
What were the issues?
Whether reassessment proceedings initiated after four years were valid, and if they were based on a change of opinion rather than escapement of income due to non-disclosure by the assessee.
Which sections of the Income-tax Act were involved?
Section 147,Section 143(3),Section 148,Section 139,Section 260A
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- CIT v. Kelvinator of India Ltd.1,673 citing320 ITR 561 · 2010 · SC · Read judgment
OD-13 ITAT/426/2016 IA No.GA/1/2017 (Old No.GA/36/2017) IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-3, KOLKATA -Versus- M/S. WEST BENGAL ESSENTIAL COMMODITIES SUPPLY CORPORATION LIMITED, KOLKATA Appearance: Mr. Om Narayan Rai, Adv. ...for the appellant. BEFORE: The Hon’ble JUSTICE T.S. SIVAGNANAM -And- The Hon’ble JUSTICE BIVAS PATTANAYAK Date : 21st July, 2022. The Court : This appeal filed by the revenue under Section 260A of the Income Tax Act, 1961 (the ‘Act’ for brevity) is directed against the order dated 8th June, 2016 passed by the Income Tax Appellate Tribunal, B” Bench, Kolkata in ITA No.909/Kol/2013 for the assessment years 2005-06. The revenue has raised the following substantial questions of law for consideration: i) Whether on the facts and in the circumstances of the case the learned Income Tax Appellate Tribunal, “B” Bench, Kolkata erred in law in
2 holding that the reassessment proceedings initiated under Section 147 of the Income Tax Act, 1961 to be illegal and consequently cancelled the order passed under Section 147 of the Income tax Act ? ii) Whether on the facts and in the circumstances of the case the learned Income Tax Appellate Tribunal, “B” Bench, Kolkata erred in law in holding that this is a case of change of opinion, whereas it appears from the record that the issue on which initial proceedings under Section 147 of Income Tax Act, 1961 has been initiated has neither been examined by the assessing officer at the time of initial assessment under Section 143(3)/147 of Income Tax Act, 1961 nor the details of such expenses has been filed by the assessee since the reason for issuing initial Notice under Section 148 of the Income Tax Act, 1961 was for no filing of return under Section 139 of Income Tax Act, 1961 ? We have heard Mr. Om Narayan Rai, learned standing counsel for the appellant/revenue. The short question which falls for consideration is whether the reopening of the assessment was valid and the tribunal was correct in setting aside the order passed by the Commissioner of Income Tax (Appeals) – VIII, Kolkata (CIT(A) dated 25th February, 2013 by which the CIT(A) affirmed the ex parte order of assessment dated 30th December, 2011 passed by the assessing
3 officer under Sections 147, 144 and 143(3) of the Act. Admittedly, the assessment was reopened after a period of four years. If that is so, the power under Section 147 could have been invoked where income chargeable to tax has escaped assessment for such assessment year by reason of failure on the part of the assessee to disclose truly and fully all material facts necessary for the assessment. If in the absence of any such finding by the assessing officer, the reopening of the assessment has to be held not sustainable. The tribunal after considering the facts which were placed before it has recorded a finding that the assessing officer does not spell out that escapement of income was due to the assessee not fully and truly disclosing all material facts necessary for completion of the assessment. However, on perusal of the reasons mentioned by the assessing officer, the tribunal found that there is no specific finding to the effect that there was failure on the part of the assessee to fully and truly disclose all material facts. Furthermore, the tribunal also noted that even during the original proceedings before the assessing officer, at the first instance, increase in freight charges vis-à- vis purchases were very much available before the assessing officer. Further, the learned tribunal took note of the decision in CIT vs. Kelvinator of India Ltd. reported in 320 ITR 561 (SC) and applied the said decision to the facts of the case and held that the assessing officer does not refer to any new material that
4 came into his possession based on which he entertained to believe that income of the assessee chargeable to tax has escaped assessment. Further, the nature of activities done by the assessee was taken note of and that it was a Government of West Bengal company. After examining the facts, the tribunal has concluded that the initiation of reassessment proceeding was merely on the basis of change of opinion. Thus, we find that the factual position having been taken note of by the tribunal, relief was granted to the assessee. Thus, we are of the view that no question of law much less substantial question of law arises for consideration in this appeal. According, the appeal (ITAT/426/2016) fails and is dismissed. Consequently, the connected application for stay (GA/1/2017) also stands closed. (T.S. SIVAGNANAM, J.) (BIVAS PATTANAYAK, J.) S.Das/A.Sadhukhan AR(CR)
More judgments on Section 147
- 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
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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