DCIT, CC - 6 (1), , CHENNAI vs. SCIENTIFIC PUBLISHING SERVICES PRIVATE LIMITED, CHENNAI
In the result, both the appeal filed by the Revenue and the Cross
ITA 1783/CHNY/2019[2013-14]Status: DisposedITAT Chennai21 Apr 2023AY 2013-14
Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.1783/Chny/2019 िनधा"रण वष"/Assessment Year: 2013-14 & C.O. No. 84/Chny/2019 [In I.T.A. No. 1783/Chny/2019] The Income Tax Officer, Vs. M/S. Spi Technologies India Pvt. Ltd., Corporate Ward 6(1), R.S. No. 4/5 & 4/6, Gothi Industrial Chennai. Estate, Kurumbapet, Puducherry 605 009. [Pan:Aaacs6707R] (अपीलाथ" /Appellant) (""थ"/Respondent/Cross Objector) Department By : Shri Ar V Sreenivasan, Addl. Cit Assessee By : Shri N.V. Balaji, Advocate सुनवाई की तारीख/ Date Of Hearing 05.04.2023 : घोषणा की तारीख /Date Of Pronouncement : 21.04.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue & The Cross Objections Filed By The Assessee Are Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 15, Chennai, Dated 28.03.2019 Relevant To The Assessment Year 2013-14. 2. The Assessee Has Raised Cross Objections By Stating That The Reopening Of Assessment Under Section 147 Of The Income Tax Act, 1961
For Appellant: Shri N.V. Balaji, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 143(3)Section 147Section 148
…amounting to change of opinion, which is not valid. The ld. Counsel for the assessee has relied on the decisions in the case of Bapalal & Co. & Exports v. JCIT 289 ITR 37 (Madras HC), CIT v. Kelvinator of India Ltd. 320 ITR 561 (SC), CIT v. Lucas T.V.S. Ltd. 234 ITR 296 (Madras HC) and Sahakari Khand Udyog Mandal Ltd. v. ACIT 370 ITR 107 (Gujarat HC). 7. On the other hand, the ld. DR has submitted that so far as MTM gain is concerned, the assessing Officer has not applied his mind and therefore, the change of opinion does not arise. 8. We have heard both the sides, perused the materials available on record and…
