Case Law Details
PCIT Vs Goyal Builders (Punjab & Haryana High Court)
The issue under consideration is whether the re-opening of assessment is justified if it is based on the similar issues and evidences which have been already considered in original assessment?
High Court states that, it is not in dispute that the issue of cash payments and evidence thereof, was before the Assessing Officer and wrongly he ignored it. The remedy before the revenue was to have challenge that order but the revenue did not do so and proceeded in the manner aforementioned. Once an issue and evidence there of, is clearly before an authority and the authority ignores it, it cannot later on decide to re-open on that ground and the specious argument that if there is no opinion there can be no change of opinion, would not apply.
Accordingly, the petition filed by the revenue is dismissed.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
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