EMA India Ltd. v. ACIT 226 CTR (All) 659 and Consolidated Photo & Finvest Ltd. v. ACIT

281 ITR 394High Court2006#920 most cited

What is EMA India Ltd. v. ACIT 226 CTR (All) 659 and Consolidated Photo & Finvest Ltd. v. ACIT authority for?

Mere production of documents does not amount to full and true disclosure; the assessee must actively and specifically disclose all material facts. Reopening of assessment under Section 147 is permissible if the Assessing Officer did not consciously apply mind to an issue, or if new information revealing escapement of income comes to light.

115

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2010 to 2025.

Also referred to as

Consolidated Photo & Finvest Ltd. v. ACIT · EMA India Ltd. v. ACIT · 281 ITR 394 · Section 147 · Section 148 · reopening of assessment · mere change of opinion · full and true disclosure · tangible material · escapement of income · conscious decision AO · producing documents not sufficient

Sections most often in play

Section 143(3)Section 147 Section 148 Section 115JB Section 142(1)Section 143(2)Section 151 Section 250

Issues it is cited on

section 34(1)mere change of opinion full and true disclosure kelvinator change of opinion section 34 live link tangible material reason to believe reopening of assessment escapement of income income-tax officer

Judgments citing EMA India Ltd. v. ACIT 226 CTR (All) 659 and Consolidated Photo & Finvest Ltd. v. ACIT

DCIT Cen Cir 1(2), Mumbai vs. Ariha Diamond Jewellery P. Ltd, Mumbai

In the result, appeals of the Assessee are partly allowed and appeals of the Revenue are dismissed

ITA 4693/MUM/2017[2009-10]Status: DisposedITAT Mumbai04 Jul 2018AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ing is an attempt to review or reinvestigate the same or that it amounts to change of opinion. In this connection, reliance is placed on judicial precedents in the cases of EMA India Ltd. v. ACIT 226 CTR (All) 659 and Consolidated Photo & Finvest Ltd. v. ACIT 281 ITR 394 (Del.) wherein it has been held that the principle that a mere change of opinion cannot be a basis for reopening completed assessment would be applicable only to situations where the Assessing Officer has applied his mind and taken a conscious decision on particular matter in issue and not where the order of assessment does not address itself to…

DCIT Cen Cir 1(2), Mumbai vs. Ariha Diamond Jewellery P. Ltd, Mumbai

In the result, appeals of the Assessee are partly allowed and appeals of the Revenue are dismissed

ITA 4692/MUM/2017[2008-09]Status: DisposedITAT Mumbai04 Jul 2018AY 2008-09

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ing is an attempt to review or reinvestigate the same or that it amounts to change of opinion. In this connection, reliance is placed on judicial precedents in the cases of EMA India Ltd. v. ACIT 226 CTR (All) 659 and Consolidated Photo & Finvest Ltd. v. ACIT 281 ITR 394 (Del.) wherein it has been held that the principle that a mere change of opinion cannot be a basis for reopening completed assessment would be applicable only to situations where the Assessing Officer has applied his mind and taken a conscious decision on particular matter in issue and not where the order of assessment does not address itself to…

DCIT Cen Cir 1(2), Mumbai vs. Sejal Export (India), Mumbai

In the result, appeals of the Assessee are partly allowed and appeals of the Revenue are dismissed

ITA 4691/MUM/2017[2013-14]Status: DisposedITAT Mumbai04 Jul 2018AY 2013-14

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ing is an attempt to review or reinvestigate the same or that it amounts to change of opinion. In this connection, reliance is placed on judicial precedents in the cases of EMA India Ltd. v. ACIT 226 CTR (All) 659 and Consolidated Photo & Finvest Ltd. v. ACIT 281 ITR 394 (Del.) wherein it has been held that the principle that a mere change of opinion cannot be a basis for reopening completed assessment would be applicable only to situations where the Assessing Officer has applied his mind and taken a conscious decision on particular matter in issue and not where the order of assessment does not address itself to…

DCIT Cen Cir 1(2), Mumbai vs. Sejal Export (India), Mumbai

In the result, appeals of the Assessee are partly allowed and appeals of the Revenue are dismissed

ITA 4690/MUM/2017[2012-13]Status: DisposedITAT Mumbai04 Jul 2018AY 2012-13

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ing is an attempt to review or reinvestigate the same or that it amounts to change of opinion. In this connection, reliance is placed on judicial precedents in the cases of EMA India Ltd. v. ACIT 226 CTR (All) 659 and Consolidated Photo & Finvest Ltd. v. ACIT 281 ITR 394 (Del.) wherein it has been held that the principle that a mere change of opinion cannot be a basis for reopening completed assessment would be applicable only to situations where the Assessing Officer has applied his mind and taken a conscious decision on particular matter in issue and not where the order of assessment does not address itself to…

DCIT Cen Cir 1(2), Mumbai vs. Sejal Export (India), Mumbai

In the result, appeals of the Assessee are partly allowed and appeals of the Revenue are dismissed

ITA 4689/MUM/2017[2011-12]Status: DisposedITAT Mumbai04 Jul 2018AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ing is an attempt to review or reinvestigate the same or that it amounts to change of opinion. In this connection, reliance is placed on judicial precedents in the cases of EMA India Ltd. v. ACIT 226 CTR (All) 659 and Consolidated Photo & Finvest Ltd. v. ACIT 281 ITR 394 (Del.) wherein it has been held that the principle that a mere change of opinion cannot be a basis for reopening completed assessment would be applicable only to situations where the Assessing Officer has applied his mind and taken a conscious decision on particular matter in issue and not where the order of assessment does not address itself to…

DCIT Cen Cir 1(2), Mumbai vs. Sejal Export (India), Mumbai

In the result, appeals of the Assessee are partly allowed and appeals of the Revenue are dismissed

ITA 4688/MUM/2017[2010-11]Status: DisposedITAT Mumbai04 Jul 2018AY 2010-11

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ing is an attempt to review or reinvestigate the same or that it amounts to change of opinion. In this connection, reliance is placed on judicial precedents in the cases of EMA India Ltd. v. ACIT 226 CTR (All) 659 and Consolidated Photo & Finvest Ltd. v. ACIT 281 ITR 394 (Del.) wherein it has been held that the principle that a mere change of opinion cannot be a basis for reopening completed assessment would be applicable only to situations where the Assessing Officer has applied his mind and taken a conscious decision on particular matter in issue and not where the order of assessment does not address itself to…

DCIT Cen Cir 1(2), Mumbai vs. Sejal Export (India), Mumbai

In the result, appeals of the Assessee are partly allowed and appeals of the Revenue are dismissed

ITA 4687/MUM/2017[2009-10]Status: DisposedITAT Mumbai04 Jul 2018AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ing is an attempt to review or reinvestigate the same or that it amounts to change of opinion. In this connection, reliance is placed on judicial precedents in the cases of EMA India Ltd. v. ACIT 226 CTR (All) 659 and Consolidated Photo & Finvest Ltd. v. ACIT 281 ITR 394 (Del.) wherein it has been held that the principle that a mere change of opinion cannot be a basis for reopening completed assessment would be applicable only to situations where the Assessing Officer has applied his mind and taken a conscious decision on particular matter in issue and not where the order of assessment does not address itself to…

DCIT Cen Cir 1(2), Mumbai vs. Sejal Export (India), Mumbai

In the result, appeals of the Assessee are partly allowed and appeals of the Revenue are dismissed

ITA 4686/MUM/2017[2008-09]Status: DisposedITAT Mumbai04 Jul 2018AY 2008-09

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ing is an attempt to review or reinvestigate the same or that it amounts to change of opinion. In this connection, reliance is placed on judicial precedents in the cases of EMA India Ltd. v. ACIT 226 CTR (All) 659 and Consolidated Photo & Finvest Ltd. v. ACIT 281 ITR 394 (Del.) wherein it has been held that the principle that a mere change of opinion cannot be a basis for reopening completed assessment would be applicable only to situations where the Assessing Officer has applied his mind and taken a conscious decision on particular matter in issue and not where the order of assessment does not address itself to…

DCIT Cen Cir 1(2), Mumbai vs. Sejal Export (India), Mumbai

In the result, appeals of the Assessee are partly allowed and appeals of the Revenue are dismissed

ITA 4685/MUM/2017[2007-08]Status: DisposedITAT Mumbai04 Jul 2018AY 2007-08

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ing is an attempt to review or reinvestigate the same or that it amounts to change of opinion. In this connection, reliance is placed on judicial precedents in the cases of EMA India Ltd. v. ACIT 226 CTR (All) 659 and Consolidated Photo & Finvest Ltd. v. ACIT 281 ITR 394 (Del.) wherein it has been held that the principle that a mere change of opinion cannot be a basis for reopening completed assessment would be applicable only to situations where the Assessing Officer has applied his mind and taken a conscious decision on particular matter in issue and not where the order of assessment does not address itself to…

Sejal Gems P. Ltd, Mumbai vs. DCIT Cen Cir 1(2), Mumbai

In the result, appeals of the Assessee are partly allowed and appeals of the Revenue are dismissed

ITA 3871/MUM/2017[2008-09]Status: DisposedITAT Mumbai04 Jul 2018AY 2008-09

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ing is an attempt to review or reinvestigate the same or that it amounts to change of opinion. In this connection, reliance is placed on judicial precedents in the cases of EMA India Ltd. v. ACIT 226 CTR (All) 659 and Consolidated Photo & Finvest Ltd. v. ACIT 281 ITR 394 (Del.) wherein it has been held that the principle that a mere change of opinion cannot be a basis for reopening completed assessment would be applicable only to situations where the Assessing Officer has applied his mind and taken a conscious decision on particular matter in issue and not where the order of assessment does not address itself to…

Ariha Diamond Jewellery P. Ltd, Mumbai vs. DCIT Cen Cir 1(2), Mumbai

In the result, appeals of the Assessee are partly allowed and appeals of the Revenue are dismissed

ITA 3870/MUM/2017[2013-14]Status: DisposedITAT Mumbai04 Jul 2018AY 2013-14

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ing is an attempt to review or reinvestigate the same or that it amounts to change of opinion. In this connection, reliance is placed on judicial precedents in the cases of EMA India Ltd. v. ACIT 226 CTR (All) 659 and Consolidated Photo & Finvest Ltd. v. ACIT 281 ITR 394 (Del.) wherein it has been held that the principle that a mere change of opinion cannot be a basis for reopening completed assessment would be applicable only to situations where the Assessing Officer has applied his mind and taken a conscious decision on particular matter in issue and not where the order of assessment does not address itself to…

Ariha Diamond Jewellery P. Ltd, Mumbai vs. DCIT Cen Cir 1(2), Mumbai

In the result, appeals of the Assessee are partly allowed and appeals of the Revenue are dismissed

ITA 3869/MUM/2017[2012-13]Status: DisposedITAT Mumbai04 Jul 2018AY 2012-13

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ing is an attempt to review or reinvestigate the same or that it amounts to change of opinion. In this connection, reliance is placed on judicial precedents in the cases of EMA India Ltd. v. ACIT 226 CTR (All) 659 and Consolidated Photo & Finvest Ltd. v. ACIT 281 ITR 394 (Del.) wherein it has been held that the principle that a mere change of opinion cannot be a basis for reopening completed assessment would be applicable only to situations where the Assessing Officer has applied his mind and taken a conscious decision on particular matter in issue and not where the order of assessment does not address itself to…

Ariha Diamond Jewellery P. Ltd, Mumbai vs. DCIT Cen Cir 1(2), Mumbai

In the result, appeals of the Assessee are partly allowed and appeals of the Revenue are dismissed

ITA 3868/MUM/2017[2011-12]Status: DisposedITAT Mumbai04 Jul 2018AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ing is an attempt to review or reinvestigate the same or that it amounts to change of opinion. In this connection, reliance is placed on judicial precedents in the cases of EMA India Ltd. v. ACIT 226 CTR (All) 659 and Consolidated Photo & Finvest Ltd. v. ACIT 281 ITR 394 (Del.) wherein it has been held that the principle that a mere change of opinion cannot be a basis for reopening completed assessment would be applicable only to situations where the Assessing Officer has applied his mind and taken a conscious decision on particular matter in issue and not where the order of assessment does not address itself to…

Ariha Diamond Jewellery P. Ltd, Mumbai vs. DCIT Cen Cir 1(2), Mumbai

In the result, appeals of the Assessee are partly allowed and appeals of the Revenue are dismissed

ITA 3867/MUM/2017[2010-11]Status: DisposedITAT Mumbai04 Jul 2018AY 2010-11

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ing is an attempt to review or reinvestigate the same or that it amounts to change of opinion. In this connection, reliance is placed on judicial precedents in the cases of EMA India Ltd. v. ACIT 226 CTR (All) 659 and Consolidated Photo & Finvest Ltd. v. ACIT 281 ITR 394 (Del.) wherein it has been held that the principle that a mere change of opinion cannot be a basis for reopening completed assessment would be applicable only to situations where the Assessing Officer has applied his mind and taken a conscious decision on particular matter in issue and not where the order of assessment does not address itself to…

Ariha Diamond Jewellery P. Ltd, Mumbai vs. DCIT Cen Cir 1(2), Mumbai

In the result, appeals of the Assessee are partly allowed and appeals of the Revenue are dismissed

ITA 3866/MUM/2017[2009-10]Status: DisposedITAT Mumbai04 Jul 2018AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ing is an attempt to review or reinvestigate the same or that it amounts to change of opinion. In this connection, reliance is placed on judicial precedents in the cases of EMA India Ltd. v. ACIT 226 CTR (All) 659 and Consolidated Photo & Finvest Ltd. v. ACIT 281 ITR 394 (Del.) wherein it has been held that the principle that a mere change of opinion cannot be a basis for reopening completed assessment would be applicable only to situations where the Assessing Officer has applied his mind and taken a conscious decision on particular matter in issue and not where the order of assessment does not address itself to…

Ariha Diamond Jewellery P. Ltd, Mumbai vs. DCIT Cen Cir 1(2), Mumbai

In the result, appeals of the Assessee are partly allowed and appeals of the Revenue are dismissed

ITA 3865/MUM/2017[2008-09]Status: DisposedITAT Mumbai04 Jul 2018AY 2008-09

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ing is an attempt to review or reinvestigate the same or that it amounts to change of opinion. In this connection, reliance is placed on judicial precedents in the cases of EMA India Ltd. v. ACIT 226 CTR (All) 659 and Consolidated Photo & Finvest Ltd. v. ACIT 281 ITR 394 (Del.) wherein it has been held that the principle that a mere change of opinion cannot be a basis for reopening completed assessment would be applicable only to situations where the Assessing Officer has applied his mind and taken a conscious decision on particular matter in issue and not where the order of assessment does not address itself to…

Sejal Export (India), Mumbai vs. DCIT Cen Cir 1(2), Mumbai

In the result, appeals of the Assessee are partly allowed and appeals of the Revenue are dismissed

ITA 3864/MUM/2017[2013-14]Status: DisposedITAT Mumbai04 Jul 2018AY 2013-14

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ing is an attempt to review or reinvestigate the same or that it amounts to change of opinion. In this connection, reliance is placed on judicial precedents in the cases of EMA India Ltd. v. ACIT 226 CTR (All) 659 and Consolidated Photo & Finvest Ltd. v. ACIT 281 ITR 394 (Del.) wherein it has been held that the principle that a mere change of opinion cannot be a basis for reopening completed assessment would be applicable only to situations where the Assessing Officer has applied his mind and taken a conscious decision on particular matter in issue and not where the order of assessment does not address itself to…

Sejal Export (India), Mumbai vs. DCIT Cen Cir 1(2), Mumbai

In the result, appeals of the Assessee are partly allowed and appeals of the Revenue are dismissed

ITA 3858/MUM/2017[2008-09]Status: DisposedITAT Mumbai04 Jul 2018AY 2008-09

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ing is an attempt to review or reinvestigate the same or that it amounts to change of opinion. In this connection, reliance is placed on judicial precedents in the cases of EMA India Ltd. v. ACIT 226 CTR (All) 659 and Consolidated Photo & Finvest Ltd. v. ACIT 281 ITR 394 (Del.) wherein it has been held that the principle that a mere change of opinion cannot be a basis for reopening completed assessment would be applicable only to situations where the Assessing Officer has applied his mind and taken a conscious decision on particular matter in issue and not where the order of assessment does not address itself to…

Sejal Export (India), Mumbai vs. DCIT Cen Cir 1(2), Mumbai

In the result, appeals of the Assessee are partly allowed and appeals of the Revenue are dismissed

ITA 3857/MUM/2017[2009-10]Status: DisposedITAT Mumbai04 Jul 2018AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ing is an attempt to review or reinvestigate the same or that it amounts to change of opinion. In this connection, reliance is placed on judicial precedents in the cases of EMA India Ltd. v. ACIT 226 CTR (All) 659 and Consolidated Photo & Finvest Ltd. v. ACIT 281 ITR 394 (Del.) wherein it has been held that the principle that a mere change of opinion cannot be a basis for reopening completed assessment would be applicable only to situations where the Assessing Officer has applied his mind and taken a conscious decision on particular matter in issue and not where the order of assessment does not address itself to…

Sejal Export (India), Mumbai vs. DCIT Cen Cir 1(2), Mumbai

In the result, appeals of the Assessee are partly allowed and appeals of the Revenue are dismissed

ITA 3856/MUM/2017[2010-11]Status: DisposedITAT Mumbai04 Jul 2018AY 2010-11

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ing is an attempt to review or reinvestigate the same or that it amounts to change of opinion. In this connection, reliance is placed on judicial precedents in the cases of EMA India Ltd. v. ACIT 226 CTR (All) 659 and Consolidated Photo & Finvest Ltd. v. ACIT 281 ITR 394 (Del.) wherein it has been held that the principle that a mere change of opinion cannot be a basis for reopening completed assessment would be applicable only to situations where the Assessing Officer has applied his mind and taken a conscious decision on particular matter in issue and not where the order of assessment does not address itself to…