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2023 (2) TMI 718 - BOMBAY HIGH COURTReopening of assessment u/s 147 - Reasons to believe - petitioner had deposited an amount in the financial year 2016-17 which had been brought to light by the Investigation Wing of the department - HELD THAT:- It is no longer res-integra that once during the course of assessment proceedings, a query was raised and replied, it will be presumed that the issue was the subject matter for consideration during the said assessment proceedings notwithstanding the fact that there is no specific mention of that particular issue in specific words in the order of assessment. An order of assessment u/s 143(3) having been passed must be deemed to have been passed after considering all material facts in regard to the queries raised which stood duly answered in terms of the judgment of Kelvinator of India Ltd. [2010 (1) TMI 11 - SUPREME COURT] as held that there was a difference between ‘power to review’ and ‘power to reassess’ u/s 147 and AO had no power to review and that, if the concept of ‘change of opinion’ was removed, then, in the garb of reopening of the assessment, a review would take place. In the present case admittedly, between the date of the orders of assessment sought to be reopened and the date of forming of opinion by the Income-tax Officer nothing new has happened. There is no change of law. No new material has come on record. No information has been received. It is merely a fresh application of mind by the same AO to the same set of facts - basis for reopening remains the same which was otherwise the subject matter of scrutiny by the AO during the scrutiny assessment proceedings leading to passing of the order u/s 143(3) thus present case is nothing but a change of opinion which does not satisfy the jurisdictional requirement under section 147 - Decided in favour of assessee.
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