Supreme Court · 2010 INSC 46 · Decided 18 January 2010

Commissioner of Income Tax, Delhi v. M/S. Kelvinator of India Limited

Court
Supreme Court of India
Citation
2010 INSC 46 · [2010] 1 S.C.R. 768
Case number
CIVIL APPEAL No. 2009/2003
Decided
18 January 2010
Bench
S.H. KAPADIA, AFTAB ALAM, SWATANTER KUMAR (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Income Tax Act Section 147

Headnote

Income Tax Act, 1961: s.147 - Power to reassess - The C word "opinion" inserted in s.147 after the enactment of Direct Tax Laws (Amendment) Act, 1987 i.e. prior to 1st April, 1989, vested arbitrary powers in the Assessing Officer to reopen past assessments on mere change of "change of opinion" stood obliterated with effect from 1st April, D 1989, i.e. after substitution of s.147 of the Act by Direct Tax Laws (Amendment) Act, 1989- Direct Tax Laws (Amendment) Act, 1987 - Circular No.549 dated 31st October, 1989. The question which arose for

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