2001 PLP 2443 (PTD)
ESS ESS KAY ENGINEERING CO. (P.) LTD. Versus COMMISSIONER OF INCOME‑TAX
| Citation | 2001 PLP 2443 (PTD) |
| Forum / Court | 247 ITR 818 |
| Bench Members | S. C. Sen and S. P. Kurdukar, JJ |
| Parties | ESS ESS KAY ENGINEERING CO. (P.) LTD. Versus COMMISSIONER OF INCOME‑TAX |
| Primary Law | Income‑tax‑‑‑ |
Q1: What are the key laws and sections cited in 2001 PLP 2443 (PTD)?
This judgment primarily cites: Income‑tax‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 PLP 2443 (PTD)?
The case was heard and decided by the 247 ITR 818 bench comprising: S. C. Sen and S. P. Kurdukar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP 2443 (PTD) (ESS ESS KAY ENGINEERING CO. (P.) LTD. Versus COMMISSIONER OF INCOME‑TAX). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- G.C. Sharma, Senior Advocate (Ms. Indu Goswami and Arvind Minocha, Advocates with him) for Appellant.
- B. Krishna Prasad, Advocate for Respondent.
Headnotes / Summary
(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). ‑‑‑‑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.
Judgment & Decree
(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). ‑‑‑‑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. 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/FC Appeal dismissed