Itta/555/2014 Of The Commissioner Of Income Tax I v. M/S.andhra Bank

HIGH COURT OF JUDICATURE AT HYDERABADFOR THE STATE OF TELANGANA AND THE STATE OF ANDHRAPRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE 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 SENGUPTAANDTHE 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 learnedTribunal. It appears that the learned Tribunal found that the AssessingOfficer wanted to reopen the assessment on the basis of mere change ofopinion. It is legally well settled that mere change in the opinion does notenable the Assessing Officer to reopen any assessment beyond fouryears. For that matter, the CBDT circular cannot take place of the law. We therefore do not find any relevance of the CBDT circular, asquoted 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