2010-VIL-38-SC-DT

Equivalent Citation: [2010] 328 ITR 515, 2010 (15) SCC 251

Supreme Court of India

Civil Appeal No. 9468/2003

Date: 16.02.2010

ASSISTANT COMMISSIONER OF INCOME-TAX

Vs

. DHARIYA CONSTRUCTION CO.

BENCH

 KAPADIA S. H., AFTAB ALAM JJ  

JUDGMENT

1. Having examined the record, we find that in this case, the Department sought reopening of the assessment based on the opinion given by the District Valuation Officer (DVO). The opinion of the DVO per se is not an information for the purposes of reopening assessment under section 147 of the Income-tax Act, 1961. The Assessing Officer has to apply his mind to the information, if any, collected and must form a belief thereon. In the cir- cumstances, there is no merit in the civil appeal. The Department was not entitled to reopen the assessment.  

2. Civil appeal is, accordingly, dismissed. No order as to costs.  

 

 

 

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