Yuvraj v. Union of India

315 ITR 84High Court2009#1403 most cited

What is Yuvraj v. Union of India authority for?

Reassessment under Section 148 is valid and does not constitute a mere change of opinion if the original assessment order demonstrates no application of mind to a specific issue, such as the assessability of capital gains or casual income. In such cases, the Assessing Officer is justified in issuing a notice under Section 148 to address the unexamined income escapement.

81

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2016 to 2025.

Also referred to as

Yuvraj v. Union of India · Section 147 · Section 148 · reopening of assessment · mere change of opinion · no application of mind · escapement of income · reason to believe · capital gains · sale of right to purchase plot · validity of reassessment notice

Issues it is cited on

Judgments citing Yuvraj v. Union of India

The Shipping Corporation of India Ltd., Mumbai vs. Addl.C.I.T. Ltu, Mumbai

In the result the appeal filed by the Revenue is dismissed

ITA 2551/MUM/2012[2006-07]Status: DisposedITAT Mumbai29 Nov 2019AY 2006-07

Bench: Shri Mahavir Singh & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.2551&2129/Mum/2012 नििाारण वर्ा/Asstt. Year:2006-07 The Shipping Corporation Of Additional Commissioner India Ltd. Vs. Of Income Tax Ltu Shipping House, 10Th Floor, 245, 29Th Floor, World Trade Madam Cama Road, Nariman Centre, Colaba, Mumbai- Point, Mumbai-400021 400006 Pan: Aaa Ct1 524 F Assistant Commissioner Of The Shipping Corporation Income Tax Ltu Of India Ltd. Centre-I, 28Th Floor, World Trade Shipping House, 10Th Centre, Cuffe Parade, Mumbai- Floor, 245, Madam Cama 400005 Road, Nariman Point, Mumbai-400021 Pan: Aaa Ct1 524 F

For Respondent: Shri R. Manjunatha Swamy
Section 11Section 143(1)Section 143(2)Section 143(3)Section 147Section 234D

…there was prima facie some material on the basis of which the department could reopen the case. The sufficiency or correctness of the material is not a thing to be considered at this stage. Bombay High Court in the case of Yuvraj v. Union of India reported in 315 ITR 84 has observed as under: Points not decided while passing assessment order under section 143(3) not a case of change of opinion. Assessment reopened validly. Hon’ble Supreme Court in the case of Honda Siel Power Products Ltd. v. Dy. CIT reported in [2012] 20 taxmann.com 5 (SC)/[2012] 206 Taxman 33 (SC)(MAG)/[2012] 340ITR 64 (SC)/[2012] 247 CTR 316 (…

Addl CIT Ltu, Mumbai vs. The Shipping Corporation of India Ltd, Mumbai

In the result the appeal filed by the Revenue is dismissed

ITA 2129/MUM/2012[2006-07]Status: DisposedITAT Mumbai29 Nov 2019AY 2006-07

Bench: Shri Mahavir Singh & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.2551&2129/Mum/2012 नििाारण वर्ा/Asstt. Year:2006-07 The Shipping Corporation Of Additional Commissioner India Ltd. Vs. Of Income Tax Ltu Shipping House, 10Th Floor, 245, 29Th Floor, World Trade Madam Cama Road, Nariman Centre, Colaba, Mumbai- Point, Mumbai-400021 400006 Pan: Aaa Ct1 524 F Assistant Commissioner Of The Shipping Corporation Income Tax Ltu Of India Ltd. Centre-I, 28Th Floor, World Trade Shipping House, 10Th Centre, Cuffe Parade, Mumbai- Floor, 245, Madam Cama 400005 Road, Nariman Point, Mumbai-400021 Pan: Aaa Ct1 524 F

For Respondent: Shri R. Manjunatha Swamy
Section 11Section 143(1)Section 143(2)Section 143(3)Section 147Section 234D

…there was prima facie some material on the basis of which the department could reopen the case. The sufficiency or correctness of the material is not a thing to be considered at this stage. Bombay High Court in the case of Yuvraj v. Union of India reported in 315 ITR 84 has observed as under: Points not decided while passing assessment order under section 143(3) not a case of change of opinion. Assessment reopened validly. Hon’ble Supreme Court in the case of Honda Siel Power Products Ltd. v. Dy. CIT reported in [2012] 20 taxmann.com 5 (SC)/[2012] 206 Taxman 33 (SC)(MAG)/[2012] 340ITR 64 (SC)/[2012] 247 CTR 316 (…