ACIT, CIRCLE 1(1), CHANDIGARH vs. M/S SML ISUZU LTD., CHANDIGARH

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

reassessment to substitute his own opinion for that o f the Assessing Officer, who made the original assessment." (emphasis supplied) 18. It has been similarly held in the following cases that proceedings under section 147 of the Act cannot be initiated unless some new/ additional fact has come on record leading to the belief of escapement of income: - Chhugamal Rajpal

DEPUTY COMMISSIONER OF INCOME TAX, CHANDIGARH vs. WINSOME TEXTILE INDUSTRIES LTD, CHANDIGARH

269 ITR 192.\nb) Winsome Textile Industries Vs. Union of India 278 ITR 470.\nc) Navkar share and stock brokers Vs. ACIT 390 ITR 362 &\nd) Haryana Acrylics Manufacturing company Vs. CIT 308 ITR 38\nii) That it is relevant to point out that after initiation of the reassessment\nproceedings, a notice was issued U/s 142(1) was issued

SOCIETY FOR EDUCATION AND RESEARCH,JAGADHRI, YAMUNANGAR vs. DCIT(E) (CIRCLE-2), CHANDIGARH

In the result, ground no. 2 of the assessee’s appeal is allowed

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

u/s 143(3) as find mention in the order so passed by the AO itself and our reference was drawn to the copy of the assessment order passed under section 143(3) dt. 30/03/2015 placed as part of the assessee’s paper book. It was further submitted that notice under section 148 was issued on 11/03/2019 and before that

SUDARSHAN JEANS PRIVATE LIMITED,KOLHAPUR vs. ITO, AMBALA

The appeal stand allowed

Bench: SHRI LALIET KUMAR (Judicial Member), SHRI MANOJ KUMAR AGGARWAL (Accountant Member)

reassessment has to be based on fulfilment of certain pre-conditions and if the concept of 'change of opinion' is removed as contended on behalf of the department, then in the garb of reopening the assessment, review would take place. One must treat the concept of 'change of opinion' as an in-built test to check abuse of power