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2018 (11) TMI 1617 - MADRAS HIGH COURTReopening of assessment u/s 148 - Time Limit for Notice - change of opinion - dis-allowance of depreciation on the equipments - HELD THAT:- In the event of change of an opinion by the Assessing Officer, the same cannot constitute ground for reopening of the assessment beyond the period of 4 years u/s 147. However, while deciding the case, the Assessing Officer is bound to consider the materials available on record and the reasons recorded for the purpose of reopening the closed assessment. Thus, this Court is of an opinion that the present case on hand is one that of the mixed question of law and facts and therefore, the Assessment Officer has to consider all these aspects, including the objections submitted by the writ petitioner for the purpose of passing an assessment order under the provisions of the Income Tax Act, 1961. This Court cannot come to the conclusion that the notice u/s 148 was issued beyond the period of limitation with reference to Section 149(1)(b). The procedures prescribed by the Supreme Court of India in G.K.N.Driveshafts (India) Limited case, [2002 (11) TMI 7 - SUPREME COURT] are to be followed by the Competent Authorities scrupulously. As contended that the Assessing Officer had passed an order, rejecting the objections submitted by the writ petitioner. AO has to complete the process of assessment and accordingly, take a decision and pass final orders by providing further opportunity to the assessee concerned. The writ petitioner, who is an assessee, is entitled to submit all his further objections, documents or materials available with him, enabling the Assessing Officer to consider his case independently and with reference to the documents and materials produced by the writ petitioner and also the documents and materials available with the Income Tax Department. AO is empowered to consider the issue relating to jurisdiction, time limit and all other legal grounds raised by the writ petitioner at the time of passing the final orders. This Court has no hesitation in coming to the conclusion that the writ petitioner is entitled to submit all his objections and legal grounds and materials, enabling the AO to consider the same and pass an assessment order under the provisions of the Income Tax Act, 1961, without causing any undue delay - writ petitions dismissed
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