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[2011] 197 Taxman 202 (SC)/[2010] 328 ITR 515 (SC)/[2010] 236 CTR 226 (SC)
[2011] 197 TAXMAN 202 (SC)
SUPREME COURT OF INDIA
Assistant Commissioner of Income-tax
v.
Dhariya Construction Co.*
S.H. KAPADIA AND AFTAB ALAM, JJ.
CIVIL APPEAL NO. 9468 OF 2003
FEBRUARY 16, 2010
Section 147 of the Income-tax Act, 1961 - Income escaping assessment - Non-disclosure of primary facts - Whether opinion of District
Valuation Officer (DVO) per se is not an information for purposes of reopening of an assessment under section 147; Assessing Officer
has to apply his mind to information, if any, collected and must form a belief thereon - Held, yes
R.P. Bhatt, H.R. Rao, A.K. Srivastava and B.V. Balaram Das for the Appellant. Ms. Binu Tamta for the Respondent.
ORDER
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 circumstances, 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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