TMI Blog2022 (3) TMI 1042X X X X Extracts X X X X X X X X Extracts X X X X ..... er should contain reference and/or discussion to disclose its satisfaction in respect of the query raised. We are satisfied that the issue of year end identified provision for expenses was a subject of consideration of the Assessing Officer during the original assessment proceedings - reopening of assessment by the impugned noticeis merely on the basis of change of opinion of the AO from that held earlier during the course of assessment proceedings leading to the assessment order dated 27.12.2019. This change of opinion does not constitute justification and/or reasons to believe that income chargeable to tax has escaped assessment. - Decided in favour of assessee. - WRIT PETITION (L) NO. 3403 OF 2022 - - - Dated:- 16-3-2022 - K.R. SH ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision under head year end identified provision for expenses of ₹ 1,52,58,179/- and debited to Profit and Loss account during the year . According to Assessing Officer, the provision was not allowable expense and contingent in nature and it was required to be disallowed while computing book Profit under section 115JB. 6] During the assessment proceedings, a query has been raised by notice dated 15.11.2019 under section 142(1) of the said Act, by which, petitioner was called upon to provide Details of provisions debited to P L during the year and state whether the liability is ascertained or contingent. Petitioner was also called upon to provide its treatment in the computation of income and whether TDS has been deducted on the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore, follow that reopening of assessment by the impugned notice dated 27.3.2021 is merely on the basis of change of opinion of the Assessing Officer from that held earlier during the course of assessment proceedings leading to the assessment order dated 27.12.2019. This change of opinion does not constitute justification and/or reasons to believe that income chargeable to tax has escaped assessment. 10] Therefore, petition allowed in terms of prayer clause (a) which reads as under: (a) that this Hon ble Court be pleased to issue a Writ of Certiorari or a writ in the nature of Certiorari or any other appropriate writ, order or direction under Article 226 of the Constitution of India calling for the records of the Petitioner s case ..... X X X X Extracts X X X X X X X X Extracts X X X X
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