M/s. Mahavir Spinning Mills v. CIT

269 ITR 192High Court2004#2632 most cited

What is M/s. Mahavir Spinning Mills v. CIT authority for?

Assessment proceedings cannot be re-opened based solely on a change of opinion by the Assessing Officer.

44

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2010 to 2026.

Also referred to as

Mahavir Spinning Mills · CIT · section 147 · reassessment · change of opinion · assessment proceedings · income escaping assessment · Punjab & Haryana High Court · Kelvinator

Also reported as

150 Taxmann 95

Sections most often in play

Section 143(3)Section 147Section 148Section 139Section 142(1)Section 142Section 14ASection 151

Issues it is cited on

section 147(a)true and full disclosurematerial facts necessary for assessmentfull and true disclosurefirst proviso to section 147beyond four yearssection 148(2)mere change of opinionkelvinatorsection 34(1)live linkincome escaping assessment

Judgments citing M/s. Mahavir Spinning Mills v. CIT

Commissioner of Income Tax vs. Xerox Modicorp Limited

Appeals are dismissed

ITA/1274/2007HC Delhi14 Sept 2010

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

Section 32A

…opened on mere change of opinion. This view is further supported by the judgment of Hon‟ble Punjab & Haryana High Court in the cases of M/s. Mahavir Spinning Mills Vs. CIT, 270 ITR 290, CIT Vs. Smt. Binda Devi (2006) 150 Taxman 95, Duli Chand Singhania, 269 ITR 192. Now in the present case, there is no doubt in our mind that assessment proceedings have been initiated on the basis of mere change of opinion. On same facts, ITA No. 1274 of 2007 & Others Page 14 of 22 ITAT, Delhi Bench in the case of Modi Xerox Ltd., Vs. DCIT, 67 ITD 252, for the assessment years 1991-92 and 1992-93,…

Commissioner of Income Tax vs. Xerox Modicorp Limited

Appeals are dismissed

ITA - 1286 / 2007HC Delhi14 Sept 2010
Section 32A

…e cannot be ré-opened on meré change of This view is further supported by the judgment of Hon'ble Punjab & Haryana High Court in the cases of M/s. Mahavir Spinning Mills Vs. CIT. 270 ITR 290, CIT Vs. Smt. Binda Devi (2006) 150 Taxman 95, Duli Chand Singhania, 269 ITR 192. Now in the present case, there is no doubt in our mind that assessment proceedings have been initiated on the basis of mere change of opinion. On same facts, ITAT, Delhi Bench in the case of Modi Xerox Ltd., Vs. DCIT, 67 ITD 252, for the assessment years 1991-92 ![](_page_14_Picture_1.jpeg) and 1992-93, where the CIT revised the order u/s 263…

Commissioner of Income Tax Central I vs. Xerox Modicorp Ltd

Appeals are dismissed

ITA - 67 / 2008HC Delhi14 Sept 2010
Section 32A

…e cannot be re-opened on mere change of This view is further supported by the judgment of Hon'ble Punjab & Haryana High Court in the cases of M/s. Mahavir Spinning Mills Vs. CIT, 270 ITR 290, CIT Vs. Smt. Binda Devi (2006) 150 Taxman 95, Duli Chand Singhania, 269 ITR 192. Now in the present case, there is no doubt in our mind that assessment proceedings have been initiated on the basis of mere change of opinion. On same facts, ITAT, Delhi Bench in the case of Modi Xerox Ltd., Vs. DCIT, 67 ITD 252, for the assessment years 1991-92 ![](_page_14_Picture_1.jpeg) and 1992-93, where the CIT revised the order u/s 263…

Commissioner of Income Tax vs. Xerox Modicorp Limited

Appeals are dismissed

ITA - 1274 / 2007HC Delhi14 Sept 2010
Section 32A

…opened on mere change of opinion. This view is further supported by the judgment of Hon‟ble Punjab & Haryana High Court in the cases of M/s. Mahavir Spinning Mills Vs. CIT, 270 ITR 290, CIT Vs. Smt. Binda Devi (2006) 150 Taxman 95, Duli Chand Singhania, 269 ITR 192. Now in the present case, there is no doubt in our mind that assessment proceedings have been initiated on the basis of mere change of opinion. On same facts, 2010:DHC:4533-DB ITAT, Delhi Bench in the case of Modi Xerox Ltd., Vs. DCIT, 67 ITD 252, for the assessment years 1991-92 and 1992-93, where the CIT revised the order u/s 263 h…