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COMMISSIONER OF INCOME TAX, DELHI vs. M/S. KELVINATOR OF INDIA LIMITED

SCR Citation:	[2010] 1 S.C.R. 768
Year/Volume:	2010/ Volume 1
Date of Judgment:	18 January 2010
Petitioner:	COMMISSIONER OF INCOME TAX, DELHI
Disposal Nature:	Petition Dismissed

Neutral Citation:	2010 INSC 46
Judgment Delivered by:	Hon'ble Mr. Justice S.H. Kapadia
Respondent:	M/S. KELVINATOR OF INDIA LIMITED
Case Type:	CIVIL APPEAL /2009-2011/2003
Order/Judgment:	Judgment

1. Headnote

Income Tax Act, 1961: s.147 - Power to reassess - The 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 opinion - The concept 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.

COMMISSIONER OF INCOME TAX, DELHI vs. M/S. KELVINATOR OF INDIA LIMITED

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