Deputy Commissioner of Income Tax 1(1), Bhilai, Durg vs. Bhilai Jaypee Cement Ltd., Bhilai, Durg
In the result, appeal filed by the revenue stands dismissed in terms of our aforesaid observations
ITA 241/RPR/2023[2015-16]Status: DisposedITAT Raipur30 Oct 2023AY 2015-16
Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am (Ita No.241/Rpr/2023) (Assessment Year: 2015-16) Deputy Commissioner Of Income Tax 1(1), V Bhilai Jaypee Cement Ltd, Bhilai, Durg S Bsp Premises, Slag Yard Road (Opp Sector 4 Nmoh), Bhilai Pan: Aadcb1675Q (अपीलाथ" /Applicant) .. (""यथ" / Respondent) िनधा"रती क" ओर से /Assessee By : Shri. R.B. Doshi, Ca राज"व क" ओर से /Revenue By : Shri. Satya Prakash Sharma, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 25-10-2023 घोषणा क" तार"ख / Date Of : 30-10-2023 Pronouncement आदेश / O R D E R Per Arun Khodpia, Am:
For Appellant: Shri. R.B. Doshi, CAFor Respondent: Shri. Satya Prakash Sharma, Sr. DR
Section 143(3)Section 147Section 148Section 2(24)(x)Section 40A(2)(b)Section 68
…opinion hence not valid — Assessment completed after enquiry and replies furnished by assessee could not be reopened. Capri Global Advisory Services Pvt. Ltd. v. DCIT (1 TA No, 170/Mum/2017, dt. 10/04/2019 (Mum) (Trib.) h) Bharti Infratel Ltd. v. DCIT (2019) 411 ITR 403 (Delhi) (HC) i) Allowing the petition, the Court held that, Explanation 1 to section 147 would not apply as all the primary facts were disclosed, stated and were known and in the knowledge of the Assessing Officer. This would be a case of "change of opinion" as the assessee had disclosed and had brought on record all facts relating to transfer of…
