DCIT 7(3), MUMBAI vs. VIZAG SEAPORT P.LTD, MUMBAI
In the result, appeal filed by the assessee is partly allowed for statistical purposes
ITA 2401/MUM/2014[2009-10]Status: DisposedITAT Visakhapatnam23 Aug 2022AY 2009-10
Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Ble
For Appellant: Sri PJ Pardiwalla, CAFor Respondent: Sri MN Murthy Naik, CIT-DR
Section 142(1)Section 143(3)Section 147Section 148Section 32
reassessment has to be based on fulfilment of certain pre-condition and if the concept of "change of opinion" is removed, as contended on behalf of the Department, then, in the garb of re-opening 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
