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2023 (10) TMI 137 - BOMBAY HIGH COURTReopening of assessment u/s 147 - Reason to believe - change of opinion - HELD THAT:- The law as held in Siemens Financial Services [2023 (9) TMI 552 - BOMBAY HIGH COURT] is clear that reopening of assessment is not permissible based on change of opinions as the AO does not have any power to review his own assessment when during the original assessment Petitioner has provided all the relevant information which was considered by the AO before passing the assessment order u/s 143(3. The reason we say that there is a change of opinion is because once a query has been raised during the assessment and query has been answered and accepted by the AO while passing the assessment order, it follows that the query raised was a subject of consideration of the AO while completing the assessment. This would apply even if the assessment order has not specifically dealt with that issue. It is not necessary that an assessment order should contain reference and/or discussion to disclose his satisfaction in respect of the query raised. As held in Aroni Commercials Ltd [2014 (2) TMI 659 - BOMBAY HIGH COURT] if an AO has to record the consideration bestowed by him on all issues raised by him during the assessment proceedings even where he is satisfied, then it would be impossible for the AO to complete all the assessment which are required to be scrutinized by him under Section 143(3) of the Act. Therefore, it would follow that the reopening of the assessment by the impugned notice is merely on the basis of change of opinion from that held earlier during the course of assessment proceedings that led to the passing of the assessment order - In our view, this change of opinion does not constitute justification to believe that income chargeable to tax has escaped assessment.
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