HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 555 of 2014 Date: 08.08.2014 Between:
The Commissioner of Income Tax-I, Hyderabad.
… Appellant And M/s. Andhra Bank, Hyderabad.
… Respondent This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A. No. 555 of 2014 JUDGMENT: (Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) We have heard Sri Prasad, learned counsel for the appellant, and gone through the impugned judgment and order of the learned Tribunal.
It appears that the learned Tribunal found that the Assessing Officer wanted to reopen the assessment on the basis of mere change of opinion. It is legally well settled that mere change in the opinion does not enable the Assessing Officer to reopen any assessment beyond four years. For that matter, the CBDT circular cannot take place of the law.
We therefore do not find any relevance of the CBDT circular, as quoted in the suggested question of law, to the present case.
The appeal is accordingly dismissed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
Date: 08.08.2014 ES