ESS ESS KAY ENGINEERING CO. (P.) LTD. VS COMMISSIONER OF INCOME-TAX
2001 P T D 2443
[247 ITR 818]
[Supreme Court of India]
Present: S. C. Sen and S. P. Kurdukar, JJ
ESS ESS KAY ENGINEERING CO. (P.) LTD.
Versus
COMMISSIONER OF INCOME‑TAX
Civil Appeal No. 2577 of 1982, decided on 23/07/1997.
(Appeal from the judgment and order, dated June 1, 1981, of the Punjab and Haryana High Court in I.T.R. No.91 of 1976).
Income‑tax‑‑‑
‑‑‑‑Reassessment‑‑‑Original assessment‑‑‑Reopening on basis of fresh material obtained in course of assessment for next year‑‑‑Permissible‑‑‑Indian Income Tax Act, 1961, S.147(a).
The mere fact that the case of the assessee was accepted as correct in the original assessment for an assessment year, does not preclude the Income tax Officer from reopening that assessment under section 147(a) of the Income Tax Act, 1961, on the basis of his findings of fact made on the basis of fresh materials obtained in the course of assessment for the next assessment year.
CIT v. Ess Ess Kay Engineering Co. (P.) Ltd. (1982) 137 ITR 446 affirmed.
G.C. Sharma, Senior Advocate (Ms. Indu Goswami and Arvind Minocha, Advocates with him) for Appellant.
B. Krishna Prasad, Advocate for Respondent.
ORDER
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 tact 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.
M.B.A/1007/FCAppeal dismissed