Case Law Details
DCIT Vs Manav Realty (ITAT Pune)
It is evident from the reasons recorded by the AO that the initiation of reassessment proceedings was premised on the fact that the commencement took place at a date in variance with the one stated by the assessee in the original assessment proceedings. The ld. CIT(A) has aptly recorded that the AO in the original assessment proceedings thoroughly examined the issue of date of commencement of the project, as supported by the reproduction from the assessment order. Thus, it is manifest that the reassessment came to be initiated by the AO on the basis of no fresh material coming to his possession after the completion of the original assessment, which was, in fact, made only for the verification of claim of the deduction under the CASS. Rather it is a case of change of incumbent who reviewed the material existing on record and took a contrary view. Such change of opinion is strictly impermissible in the light of judgment of Hon’ble Supreme Court in the case of CIT Vs. Kelvinator of India Ltd. (2010) 320 ITR 561 (SC). As such, we do not find any reason to disturb the finding recorded by the ld. CIT(A) in coming to the conclusion that the reassessment proceedings were bad in law. The impugned order is countenanced to this extent.
In view of our decision on upholding the quashing of reassessment proceedings, there is no need to go into the merits of the issue.
FULL TEXT OF THE ITAT PUNE JUDGEMENT
This appeal by the Revenue is directed against the order passed by the CIT(A)-8, Pune on 28-02-2017 in relation to the assessment year 2009-10.
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