CIT v. Kelvinator of India Ltd.

Smt. Meera Kapoor vs. Commissioner Of Income Tax

…of the Respondent falls foul of the law laid down by the Supreme Court in Chhugamal Rajpal which is clearly applicable to the facts of these appeals." 4. The appellant relied on the judgment of the Supreme Court in CIT v. Kelvinator of India Ltd., (2010) 2 SCC 723 wherein it was held that the Assessing Officer shall have the right to re-open assessment u/s 147 of the Act only if there is 'tangible material' to show that income has escaped assessment. The Assessing Officer shall not be allowed to arbitrarily re-open assessment. It was also urged that the notice served under section 148 of the Act is defe…

CIT vs. Usha International Ltd

…ent. Thus, it is a case of change of opinion and accordingly the ratio of the 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 in CIT vs. Kelvinator of India Ltd., (2010) 2 SCC 723, is applicable. 8. Section 147 of the Act reads as under:- “147. Income escaping assessment.--If the Assessing Officer, has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may, subject to the provisions of sections 148 to 153, assess or reassess such income and also any other income…

CIT vs. Munjal Showa Ltd

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE R.V.EASWAR

…question of royalty. Even if there was any legal error or illegality the same cannot be rectified and be made the subject matter of reassessment proceedings u/s 147/148 of the Act. The Supreme Court in the case of CIT vs. Kelvinator of India Ltd. (2010) 2 SCC 723 has observed as under:- “5. On going through the changes, quoted above, made to Section 147 of the Act, we find that, prior to the Direct Tax Laws (Amendment) Act, 1987, reopening could be done under the above two conditions and fulfilment of the said conditions alone conferred jurisdiction on the assessing officer to make a back assessment…

CIT vs. Munjal Showa Ltd

…question of royalty. Even if there was any legal error or illegality the same cannot be rectified and be made the subject matter of reassessment proceedings u/s 147/148 of the Act. The Supreme Court in the case of CIT vs. Kelvinator of India Ltd. (2010) 2 SCC 723 has observed as under:- “5. On going through the changes, quoted above, made to Section 147 of the Act, we find that, prior to the Direct Tax Laws (Amendment) Act, 1987, reopening could be done under the above two conditions and fulfilment of the said conditions alone conferred jurisdiction on the assessing officer to make a back assessment…

CIT vs. Munjal Showa Ltd

…question of royalty. Even if there was any legal error or illegality the same cannot be rectified and be made the subject matter of reassessment proceedings u/s 147/148 of the Act. The Supreme Court in the case of CIT vs. Kelvinator of India Ltd. (2010) 2 SCC 723 has observed as under:- “5. On going through the changes, quoted above, made to Section 147 of the Act, we find that, prior to the Direct Tax Laws (Amendment) Act, 1987, reopening could be done under the above two conditions and fulfilment of the said conditions alone conferred jurisdiction on the assessing officer to make a back assessment…

CIT vs. Raj Kumar Mahajan

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE R.V.EASWAR

…ings. The respondent-assessee had justified the claim and furnished documentary evidence or proof. The quantification of the claim was justified. This is a case of change of opinion and this is not permissible as held in CIT v. Kelvinator of India (2010) 320 ITR 561 (SC) and Kelvinator of India v. CIT (2002) 256 ITR 1 (DEL). The opinion of the Assessing Officer may have been legally erroneous but this cannot be a ground for initiation of re-assessment proceedings. An erroneous decision which is prejudicial to the Revenue can be revised but the said option was not exercised. 10. The appeal is accor…

CIT vs. Modipon Ltd

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE M.L. MEHTA

…riginal assessment. The CIT (A), therefore, upheld the order of the AO. 3. The Income Tax Appellate Tribunal („the Tribunal‟ for brevity) relying on the judgment of the Apex Court in the case of Commissioner of Income Tax Vs. Kelvinator of India Ltd. 320 ITR 561 (SC) quashed the reassessment order passed by the AO by holding that in present case also, the reopening was on mere change of opinion on the basis of material which was already available on record at the time of completion of the original assessment. The Tribunal held that as per reasons recorded by the AO, the re-assessment proceedings we…

CIT vs. Modipon Ltd

…riginal assessment. The CIT (A), therefore, upheld the order of the AO. 3. The Income Tax Appellate Tribunal („the Tribunal‟ for brevity) relying on the judgment of the Apex Court in the case of Commissioner of Income Tax Vs. Kelvinator of India Ltd. 320 ITR 561 (SC) quashed the reassessment order passed by the AO by holding that in present case also, the reopening was on mere change of opinion on the basis of material which was already available on record at the time of completion of the original assessment. The Tribunal held that as per reasons recorded by the AO, the re-assessment proceedings we…

Commissioner of Income Tax vs. Vls Finance Ltd

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MS. JUSTICE REVA KHETRAPAL

…. 3. We may note that the learned counsel for the assessee has also argued that at best it would be a case of change of the opinion and in this regard he has relied upon a judgment of the Supreme Court in the case of CIT vs. Kelvinator India Pvt. Ltd. 320 ITR 561. No question of law arises. The appeals are accordingly dismissed. A.K. SIKRI (JUDGE) REVA KHETRAPAL (JUDGE) August 18, 2010 sk…

Commissioner of Income Tax vs. Vls Finance Ltd

…ome tax. 3. We may note that the learned counsel for the assessee has also argued that at best it would be a case of change of the opinion and in this regard he has relied upon a judgment of the Supreme Court in the case of CIT vs. Kelvinator India Pvt. Ltd. 320 ITR 561. No question of law arises. The appeals are accordingly dismissed. A<del>.K. SI</del>KRI (JUDGE) レー リューア REVA KHETRAPAL (JUDGE) August 18, 2010 sk…

Commissioner of Income Tax vs. Vls Finance Ltd

…. 3. We may note that the learned counsel for the assessee has also argued that at best it would be a case of change of the opinion and in this regard he has relied upon a judgment of the Supreme Court in the case of CIT vs. Kelvinator India Pvt. Ltd. 320 ITR 561. No question of law arises. The appeals are accordingly dismissed. A.K. SIKRI (JUDGE) REVA KHETRAPAL (JUDGE) August 18, 2010 sk 2010:DHC:4087-DB…