Gruh Finance Ltd. v. Jt. CIT

243 ITR 482High Court2000#7071 most cited
16

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2025.

Issues it is cited on

section 147(b)project completion methodwithin four yearspercentage completion methodkelvinatorinterest free advancesmere change of opinionborrowed satisfactionchange of opinionsection 44asundry creditorssection 44ad

Judgments citing Gruh Finance Ltd. v. Jt. CIT

M/S. INDIA EXPOSITION MART LTD.,NEW DELHI vs. DCIT, NEW DELHI

ITA 1079/DEL/2016[2009-10]Status: DisposedITAT Delhi12 Aug 2025AY 2009-10

Bench: Shri Mahavir Singhshri Kuldip Singh & Shri Anadee Nath Misshra, Accountnat Member Shri Vikas Awasthy & Shri Brajesh Kumar Singh

Section 139(1)Section 147Section 148

…tion allowance or any other allowance, as the case may be, for the assessment year concerned. Some of the case laws which are very relevant for the reopening the assessment are as under: In the case of Gruh Finance Ltd. Vs. Joint Commissioner of Income-tax (243 ITR 482) (GUJARAT High Court), the Hon'ble Court has upheld the action of the AO on similar grounds The Hon ble GUJARAT High Court has stated as under: "The expression "reason to believe" employed in section 147 of the Income Tax Act would mean some cause or justification if the competent authority has a cause or ground or some justification that some in…

ITO, WD.9(1), KOLKATA vs. M/S MAHARAJ VINCOM PVT. LTD., KOLKATA

ITA 35/KOL/2021[2009-10]Status: DisposedITAT Kolkata15 May 2024AY 2009-10

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.35/Kol/2021 Assessment Year: 2009-10 Ito, Ward-9(1), Kolkata……………….......................…...……………....Appellant Vs. M/S Maharaj Vincom Pvt. Ltd……............…..........................…..…..... Respondent 69, Jamunalal Bajaj Street, Kolkata- 700007. [Pan: Aafcm6496E] C.O. No.6/Kol/2023 (A/O I.T.A. No.35/Kol/2021) Assessment Year: 2009-10 M/S Maharaj Vincom Pvt. Ltd……............…..........................…....... Cross-Objector 69, Jamunalal Bajaj Street, Kolkata- 700007. [Pan: Aafcm6496E] Vs Ito, Ward-9(1), Kolkata …………..….......................…...……………....Respondent Appearances By: Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Assessee. Shri Abhijit Kundu, Cit-Dr, Appeared On Behalf Of The Department. Date Of Concluding The Hearing : March 07, 2024 Date Of Pronouncing The Order : May 15, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: This Appeal By The Revenue & Corresponding Cross-Objection By The Assessee Have Been Preferred Against The Order Dated 08.09.2020 Of The Commissioner Of Income Tax (Appeals)-7, Kolkata (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’).

Section 143(1)Section 143(3)Section 147Section 250Section 263

…nch of a particular High Court is fully bound by the view preferred by a larger Bench of that Court, regardless of the fact that another High Court prefers a different view [in this case that of the Gujarat High Court as in Gruh Finance Ltd. v. Jt. CIT [2000] 243 ITR 482, Praful Chunilal Patel v. M. J. Makwana, Asstt. CIT [1999] 236 ITR 832 (Guj.) and Garden Silk Mills Ltd. v. Dy. CIT (No. 1) [1996] 222 ITR 27 (Guj.). The Full Bench of this Court has taken into consideration both Praful Chunilal Patel's case (supra) as well as Garden Silk Mills Ltd. 's case (supra). In Kelvinator of India's Ltd. 's case (supra) t…

DCIT-CIRCLE-3(3)(1), MUMBAI , MUMBAI vs. S D CORPORATION PRIVATE LIMITED, MUMBAI

In the result, the appeal of the revenue vide ITA Nos

ITA 6204/MUM/2019[2009-10]Status: DisposedITAT Mumbai30 Aug 2023AY 2009-10

Bench: Shri Vikas Awasthy & Shri Amarjit Singhita Nos.6191 To 6194, 6204 & 6033 /Mum/2019 (A.Ys. 2008-09, 2009-10, 2011-12 To 2014-15)

For Appellant: Mahita NairFor Respondent: Dharmesh Shah &
Section 115JSection 143(3)Section 147

…my powers conferred upon me by the provisions of section 147 and 148 while reopening the assessment of the assessee; and merits of the issues can be dealt with during the course of proceeding subsequently. viii. The Gujarat HC in the case of Gruh Finance Ltd.243 ITR 482 held that reassessment proceedings can be initiated on the issues wherein mistake had occurred and observed as under- 'It is true that even after the amendment in the provisions of section 147 of the Income-tax Act, 1961, a mere change of opinion, ipso facto, would not confer or empower the Assessing Officer to embark upon a reassessment exercise…

DCIT-CIRCLE-3(3) (1), MUMBAI , MUMBAI vs. S D CORPORATION PRIVATE LIMITED , MUMBAI

In the result, the appeal of the revenue vide ITA Nos

ITA 6194/MUM/2019[2012-13]Status: DisposedITAT Mumbai30 Aug 2023AY 2012-13

Bench: Shri Vikas Awasthy & Shri Amarjit Singhita Nos.6191 To 6194, 6204 & 6033 /Mum/2019 (A.Ys. 2008-09, 2009-10, 2011-12 To 2014-15)

For Appellant: Mahita NairFor Respondent: Dharmesh Shah &
Section 115JSection 143(3)Section 147

…my powers conferred upon me by the provisions of section 147 and 148 while reopening the assessment of the assessee; and merits of the issues can be dealt with during the course of proceeding subsequently. viii. The Gujarat HC in the case of Gruh Finance Ltd.243 ITR 482 held that reassessment proceedings can be initiated on the issues wherein mistake had occurred and observed as under- 'It is true that even after the amendment in the provisions of section 147 of the Income-tax Act, 1961, a mere change of opinion, ipso facto, would not confer or empower the Assessing Officer to embark upon a reassessment exercise…

DCIT-CIRCLE-3(3) (1), MUMBAI , MUMBAI vs. S D CORPORATION PRIVATE LIMITED , MUMBAI

In the result, the appeal of the revenue vide ITA Nos

ITA 6193/MUM/2019[2013-14]Status: DisposedITAT Mumbai30 Aug 2023AY 2013-14

Bench: Shri Vikas Awasthy & Shri Amarjit Singhita Nos.6191 To 6194, 6204 & 6033 /Mum/2019 (A.Ys. 2008-09, 2009-10, 2011-12 To 2014-15)

For Appellant: Mahita NairFor Respondent: Dharmesh Shah &
Section 115JSection 143(3)Section 147

…my powers conferred upon me by the provisions of section 147 and 148 while reopening the assessment of the assessee; and merits of the issues can be dealt with during the course of proceeding subsequently. viii. The Gujarat HC in the case of Gruh Finance Ltd.243 ITR 482 held that reassessment proceedings can be initiated on the issues wherein mistake had occurred and observed as under- 'It is true that even after the amendment in the provisions of section 147 of the Income-tax Act, 1961, a mere change of opinion, ipso facto, would not confer or empower the Assessing Officer to embark upon a reassessment exercise…

DCIT-CIRCLE-3(3)(1), MUMBAI , MUMBAI vs. S D CORPORATION PRIVATE LIMITED, MUMBAI

In the result, the appeal of the revenue vide ITA Nos

ITA 6192/MUM/2019[2011-12]Status: DisposedITAT Mumbai30 Aug 2023AY 2011-12

Bench: Shri Vikas Awasthy & Shri Amarjit Singhita Nos.6191 To 6194, 6204 & 6033 /Mum/2019 (A.Ys. 2008-09, 2009-10, 2011-12 To 2014-15)

For Appellant: Mahita NairFor Respondent: Dharmesh Shah &
Section 115JSection 143(3)Section 147

…my powers conferred upon me by the provisions of section 147 and 148 while reopening the assessment of the assessee; and merits of the issues can be dealt with during the course of proceeding subsequently. viii. The Gujarat HC in the case of Gruh Finance Ltd.243 ITR 482 held that reassessment proceedings can be initiated on the issues wherein mistake had occurred and observed as under- 'It is true that even after the amendment in the provisions of section 147 of the Income-tax Act, 1961, a mere change of opinion, ipso facto, would not confer or empower the Assessing Officer to embark upon a reassessment exercise…

DCIT-CIRCLE-3(3) (1), MUMBAI , MUMBAI vs. S D CORPORATION PRIVATE LTD, MUMBAI

In the result, the appeal of the revenue vide ITA Nos

ITA 6191/MUM/2019[2014-15]Status: DisposedITAT Mumbai30 Aug 2023AY 2014-15

Bench: Shri Vikas Awasthy & Shri Amarjit Singhita Nos.6191 To 6194, 6204 & 6033 /Mum/2019 (A.Ys. 2008-09, 2009-10, 2011-12 To 2014-15)

For Appellant: Mahita NairFor Respondent: Dharmesh Shah &
Section 115JSection 143(3)Section 147

…my powers conferred upon me by the provisions of section 147 and 148 while reopening the assessment of the assessee; and merits of the issues can be dealt with during the course of proceeding subsequently. viii. The Gujarat HC in the case of Gruh Finance Ltd.243 ITR 482 held that reassessment proceedings can be initiated on the issues wherein mistake had occurred and observed as under- 'It is true that even after the amendment in the provisions of section 147 of the Income-tax Act, 1961, a mere change of opinion, ipso facto, would not confer or empower the Assessing Officer to embark upon a reassessment exercise…

DCIT CIRCLE 3(3)(1), MUMBAI , MUMBAI vs. S D CORPORATION PRIVATE LIMITED , MUMBAI

In the result, the appeal of the revenue vide ITA Nos

ITA 6033/MUM/2019[2008-09]Status: DisposedITAT Mumbai30 Aug 2023AY 2008-09

Bench: Shri Vikas Awasthy & Shri Amarjit Singhita Nos.6191 To 6194, 6204 & 6033 /Mum/2019 (A.Ys. 2008-09, 2009-10, 2011-12 To 2014-15)

For Appellant: Mahita NairFor Respondent: Dharmesh Shah &
Section 115JSection 143(3)Section 147

…my powers conferred upon me by the provisions of section 147 and 148 while reopening the assessment of the assessee; and merits of the issues can be dealt with during the course of proceeding subsequently. viii. The Gujarat HC in the case of Gruh Finance Ltd.243 ITR 482 held that reassessment proceedings can be initiated on the issues wherein mistake had occurred and observed as under- 'It is true that even after the amendment in the provisions of section 147 of the Income-tax Act, 1961, a mere change of opinion, ipso facto, would not confer or empower the Assessing Officer to embark upon a reassessment exercise…

JOSHI TECHNOLOGIES INTERNATIONAL INC.,,AHMEDABAD vs. THE ASSTT. DIT, (INTL. TAXN.),, AHMEDABAD

In the result appeal of the assessee is allowed

ITA 2389/AHD/2015[2006-07]Status: DisposedITAT Ahmedabad17 Aug 2022AY 2006-07

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedassessment Year : 2003-04 Joshi Technologies International Inc., Asst. Commissioner Of Income- 402, Heritage, Off. Ashram Road, Vs Tax (International Taxation), Usmanpura, Ahmedabad Ahmedabad Pan : Aaacj 9592 P Assessment Year : 2006-07 Joshi Technologies International Inc., Dy. Commissioner Of Income- 701, Parshwanath E Square, Vs Tax (International Taxation-1), Prahladnagar Garden, Near Titanium Ahmedabad Building, Satellite, Ahmedabad Pan : Aaacj 9592 P अपीलाथ"/ (Appellant) "त् यथ"/ (Respondent) Assessee By : Shri S.N. Soparkar, Sr. Advocate With Shri Yogesh G. Shah, Ar Revenue By : Shri Alok Kumar, Cit-Dr & Shri Atul Pandey, Sr Dr सुनवाई क" तार"ख/Date Of Hearing : 02/08/2022 घोषणा क" तार"ख /Date Of Pronouncement: 17/08/2022 आदेश/O R D E R Per Waseem Ahmed, Am : These Are The Appeals Filed By The Assessee Against Two Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), Gandhinagar Dated 12.01.2010 & Learned Commissioner Of Income-Tax (Appeals)-13, Ahmedabad Dated 29.05.2015 Passed For Assessment Years 2003-04 & 2006-07 Respectively.

For Appellant: Shri S.N. Soparkar, Sr. Advocate with Shri Yogesh G. Shah, ARFor Respondent: Shri Alok Kumar, CIT-DR &
Section 143(3)Section 147Section 42Section 42(1)(c)Section 80I

…42 of the Act. Accordingly, the AO was of the view that no opinion has been formed by the AO during the assessment proceedings. The AO in holding so relied on the judgment of Hon’ble Jurisdictional High Court in case of Gruh Finance Ltd. vs. JCIT reported in 243 ITR 482. Thus the AO rejected the claim of the assessee. 5. Aggrieved assessee preferred an appeal to the learned CIT (A) who has confirmed the order of the AO by observing as under: “6.4. The matter has been given due consideration but I am afraid I do not agree with the with the Authorised Representative. A reading of the assessment order would show…

JOSHI TECHNOLOGIES INTERNATIONAL INC.,,AHMEDABAD vs. THE ADIT.,(INTNL.TAXN.), AHMEDABAD

In the result appeal of the assessee is allowed

ITA 1128/AHD/2010[2003-04]Status: DisposedITAT Ahmedabad17 Aug 2022AY 2003-04

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedassessment Year : 2003-04 Joshi Technologies International Inc., Asst. Commissioner Of Income- 402, Heritage, Off. Ashram Road, Vs Tax (International Taxation), Usmanpura, Ahmedabad Ahmedabad Pan : Aaacj 9592 P Assessment Year : 2006-07 Joshi Technologies International Inc., Dy. Commissioner Of Income- 701, Parshwanath E Square, Vs Tax (International Taxation-1), Prahladnagar Garden, Near Titanium Ahmedabad Building, Satellite, Ahmedabad Pan : Aaacj 9592 P अपीलाथ"/ (Appellant) "त् यथ"/ (Respondent) Assessee By : Shri S.N. Soparkar, Sr. Advocate With Shri Yogesh G. Shah, Ar Revenue By : Shri Alok Kumar, Cit-Dr & Shri Atul Pandey, Sr Dr सुनवाई क" तार"ख/Date Of Hearing : 02/08/2022 घोषणा क" तार"ख /Date Of Pronouncement: 17/08/2022 आदेश/O R D E R Per Waseem Ahmed, Am : These Are The Appeals Filed By The Assessee Against Two Separate Orders Of The Learned Commissioner Of Income Tax (Appeals), Gandhinagar Dated 12.01.2010 & Learned Commissioner Of Income-Tax (Appeals)-13, Ahmedabad Dated 29.05.2015 Passed For Assessment Years 2003-04 & 2006-07 Respectively.

For Appellant: Shri S.N. Soparkar, Sr. Advocate with Shri Yogesh G. Shah, ARFor Respondent: Shri Alok Kumar, CIT-DR &
Section 143(3)Section 147Section 42Section 42(1)(c)Section 80I

…42 of the Act. Accordingly, the AO was of the view that no opinion has been formed by the AO during the assessment proceedings. The AO in holding so relied on the judgment of Hon’ble Jurisdictional High Court in case of Gruh Finance Ltd. vs. JCIT reported in 243 ITR 482. Thus the AO rejected the claim of the assessee. 5. Aggrieved assessee preferred an appeal to the learned CIT (A) who has confirmed the order of the AO by observing as under: “6.4. The matter has been given due consideration but I am afraid I do not agree with the with the Authorised Representative. A reading of the assessment order would show…

DY CIT-CC-6(3), MUMBAI vs. M/S. MARATHON NEXTGEN REALTY LTD, MUMBAI

ITA 798/MUM/2021[2011-12]Status: DisposedITAT Mumbai25 Mar 2022AY 2011-12

Bench: Vikas Awasthy & Shri Prashant Maharishiआअसं. 797/मुं/2021 ("न. व. 2012-13 ) आअसं. 798/मुं/2021 ("न. व. 2011-12 ) आअसं. 799/मुं/2021 ("न. व. 2010-11) Dy. Commissioner Of Income Tax, Central Circle – 6(3), Room No.1926, 19Th Floor, Air India Building, Nariman Point, Mumbai 400 021 ..... अपीलाथ" /Appellant बनाम Vs. M/S. Marathon Nextgen Realty Limited, Marathon Futurex Mafatlal Mill Compound, N.M.Joshi Marg, Lower Parel, Mumbai 400 013. Pan: Aaacp-8032-E ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri J.P. Bairagra With Ms. Rupa Nanda ""तवाद" "वारा/Respondent By : Shri C.T. Mathews सुनवाई क" "त"थ/ Date Of Hearing : 23/02/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 25/03/2022 आदेश/ Order Per Vikas Awasthy, Jm: These Three Appeals By The Revenue Are Directed Against The Orders Of Commissioner Of Income Tax(Appeals)-54, Mumbai [In Short ‘ The Cit(A)’], For The 2

For Appellant: Shri J.P. Bairagra with Ms. Rupa NandaFor Respondent: Shri C.T. Mathews
Section 147Section 148

…partmental Representative in order to support his contention placed reliance on the following decisions: (i) Honda Siel Power Products Ltd. vs. DCIT, 340 ITR 53(Delhi) (ii) Calcutta Discount Co. Ltd. vs. ITO, 41 ITR 191 (SC) (iii) Gruh Finance Ltd. vs. JCIT, 243 ITR 482 (Guj) (iv) Central Province Manganese Ore Co. Ltd., 191 ITR 662(SC) (v) Raymond Woolen Mills vs. ITO, 236 ITR 34(SC) (vi) Asstt. CIT vs. Rajesh Jhaveri Stock Broker, 291 ITR 500 (SC) 6 ITA NO.798/MUM/2021 (A.Y.2011-12) 6.1 The ld. Departmental Representative further submitted that it is not a case of change of opinion, as has been held by the C…

DY CIT, CC-6(3), MUMBAI vs. M/S. MARATHON NEXTGEN REALTY LTD, MUMBAI

ITA 797/MUM/2021[2012-13]Status: DisposedITAT Mumbai25 Mar 2022AY 2012-13

Bench: Vikas Awasthy & Shri Prashant Maharishiआअसं. 797/मुं/2021 ("न. व. 2012-13 ) आअसं. 798/मुं/2021 ("न. व. 2011-12 ) आअसं. 799/मुं/2021 ("न. व. 2010-11) Dy. Commissioner Of Income Tax, Central Circle – 6(3), Room No.1926, 19Th Floor, Air India Building, Nariman Point, Mumbai 400 021 ..... अपीलाथ" /Appellant बनाम Vs. M/S. Marathon Nextgen Realty Limited, Marathon Futurex Mafatlal Mill Compound, N.M.Joshi Marg, Lower Parel, Mumbai 400 013. Pan: Aaacp-8032-E ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri J.P. Bairagra With Ms. Rupa Nanda ""तवाद" "वारा/Respondent By : Shri C.T. Mathews सुनवाई क" "त"थ/ Date Of Hearing : 23/02/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 25/03/2022 आदेश/ Order Per Vikas Awasthy, Jm: These Three Appeals By The Revenue Are Directed Against The Orders Of Commissioner Of Income Tax(Appeals)-54, Mumbai [In Short ‘ The Cit(A)’], For The 2

For Appellant: Shri J.P. Bairagra with Ms. Rupa NandaFor Respondent: Shri C.T. Mathews
Section 147Section 148

…partmental Representative in order to support his contention placed reliance on the following decisions: (i) Honda Siel Power Products Ltd. vs. DCIT, 340 ITR 53(Delhi) (ii) Calcutta Discount Co. Ltd. vs. ITO, 41 ITR 191 (SC) (iii) Gruh Finance Ltd. vs. JCIT, 243 ITR 482 (Guj) (iv) Central Province Manganese Ore Co. Ltd., 191 ITR 662(SC) (v) Raymond Woolen Mills vs. ITO, 236 ITR 34(SC) (vi) Asstt. CIT vs. Rajesh Jhaveri Stock Broker, 291 ITR 500 (SC) 6 ITA NO.798/MUM/2021 (A.Y.2011-12) 6.1 The ld. Departmental Representative further submitted that it is not a case of change of opinion, as has been held by the C…

JSK INDUSTRIES PRIVATE LIMITED ,MUMBAI vs. DCIT CC-8(1), MUMBAI, MUMBAI

ITA 5891/MUM/2019[2010-11]Status: DisposedITAT Mumbai28 Oct 2021AY 2010-11

Bench: Shri Rajesh Kumar & Shri Amarjit Singh

Section 147Section 68

…sessing Officer is not required to base his belief on any final adjudication of the matter...." (p. 840) M/s. JSK Industries Pvt. Ltd. & ors 8.35 To the same effect is the view expressed by the Hon'ble Gujarat High Court in Gruh Finance Ltd. v. Jt. CIT[2000] 243 ITR 482, where the Court held that if no conscious consideration of the material available on record is made and a mistake has been committed, it will not prevent the competent officer to exercise powers under section 147 of the Act. The Court observed : "We have also, seriously, considered the entire case law from which aforesaid paragraphs are relied…

THE J.K. TRUST BOMBAY,MUMBAI vs. CIT (E), MUMBAI

The appeal of the assessee is allowed

ITA 3769/MUM/2017[2012-13]Status: DisposedITAT Mumbai25 Jul 2018AY 2012-13

Bench: Shri Joginder Singh & Shri N.K. Pradhanassessment Year: 2012-13 M/S The J. K. Trust Cit (Exemption) Bombay, R. No.617, 6Th Floor, बनाम/ New Hind House, Piramal Chambers, Vs. Narottam Morrjee Marg, Lalbaug, Ballard Estate, Mumbai-400012 Mumbai-400001

Section 11Section 263

…cial authority cannot take a view, either against or in favour of the assessee/revenue, without making proper inquiries and without proper examination of the claim made by the assessee in the light of the applicable law. In Gruh Finance Ltd. v. Jt. CIT [2000] 243 ITR 482 (Guj.), the argument against the initiation of proceedings under section 147/148 that the claim for depreciation has been considered and hence cannot be disallowed on mere change of opinion was rejected because there was no conscious consideration of the materials which were on record. As already stated earlier, no material was placed before the…

MAHARASHTRA AIRPORT DEVELOPMENT,MUMBAI vs. PR CIT 3, MUMBAI

The appeal of the assessee is allowed

ITA 3741/MUM/2016[2011-12]Status: DisposedITAT Mumbai18 Jul 2018AY 2011-12

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2011-12 M/S Maharashtra Airport Pr. Cit-3, Development Company 612, 6Th Floor, बनाम/ Ltd. Aayakar Bhavan, Vs. 8Th Floor, World Trade M. K. Road, Centre, Tower No.1, Mumbai-400020 Cuffe Parade, Mumbai-400005 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aadcm9623M

Section 148Section 154Section 263Section 80I

…t or in favour of the assessee/revenue, without making proper inquiries and without proper examination of the claim made by the assessee in the light of the 20 Maharashtra Airport Development Company Ltd. applicable law. In Gruh Finance Ltd. v. Jt. CIT [2000] 243 ITR 482 (Guj.), the argument against the initiation of proceedings under section 147/148 that the claim for depreciation has been considered and hence cannot be disallowed on mere change of opinion was rejected because there was no conscious consideration of the materials which were on record. As already stated earlier, no material was placed before the…

DCIT, FARIDABAD vs. M/S. VOITH PAPER FABRICS INDIA LTD., FARIDABAD

In the result appeal of the revenue is dismissed

ITA 6719/DEL/2015[2007-08]Status: DisposedITAT Delhi21 Nov 2017AY 2007-08

Bench: Shri H.S.Sidhu & Shri Prashant Maharishidcit, Voith Paper Fabrics India Ltd, Vs. Circle-Ii, Block-B, Plot No. 113-114A, New Cgo Complex, Sector-24, Faridabad Faridabad Pan: Aabcp0441Q (Appellant) (Respondent)

For Appellant: Shri Santosh Kr. Aggarwal, AdvFor Respondent: Shri Shravan Gotru, Sr. DR
Section 143Section 143(3)Section 147Section 148Section 17

…whereas in the case of existing material no conscious attempt has been made, it would tantamount to mistake in not considering the relevant point or proposition and it would not be a change of opinion. “Gruh Finance Ltd. Vs. Jt. CIT Manu/ Gj/0027/2000 (2000) 243 ITR 482. 16. In other words, if the AO in the first place had not taken a conscious decision based on the material facts put forth by the Assessee, the reopening cannot be challenged on the grounds that there was a "mere change in opinion". It must be kept in mind that though it is the duty of the Assessee to disclose all the material facts before the au…