This is a case of reopening. We have perused the documents. We find there was material on the basis of which the Income-tax Officer could proceed to reopen the case, it is not a case of mere change of opinion. We are not inclined to interfere with the decision of the High Court merely because the case of the assessee was accepted as correct in the original assessment for this assessment year. It does not preclude the Income-tax Officer to reopen the assessment of an earlier year on the basis of his findings of fact made on the basis of fresh materials in the course of assessment of the next assessment year. The appeal is dismissed. No order as to costs.
Ess Ess Kay Engineering Company P. Limited v. Commissioner Of Income Tax
Ess Ess Kay Engineering Company P. Limited v. Commissioner Of Income Tax
(Supreme Court Of India)
Civil Appeal No. 2577 Of 1982 | 23-07-1997
Advocate List
- G. C. Sharma, B. Krishna Prasad, Advocates.
Bench
- HON'BLE JUSTICE S. C. SEN
- HON'BLE JUSTICE S. P. KURDUKAR
Eq Citations
- [2001] 247 ITR 818
- (2001) 166 CTR SC 396
- (2001) 10 SCC 189
- LQ/SC/1997/1013
Head Note
Income Tax — Assessment — Reopening — Fresh material — Validity of reopening — Held, there was material on the basis of which the Income-tax Officer could proceed to reopen the case, it is not a case of mere change of opinion — Further held, merely because the case of the assessee was accepted as correct in the original assessment for this assessment year, it did not preclude the Income-tax Officer to reopen the assessment of an earlier year on the basis of his findings of fact made on the basis of fresh materials in the course of assessment of the next assessment year — Income Tax Act, 1961, S. 147
