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2016 (4) TMI 1236 - AT - Income TaxReopening of assessment - Held that:- In this case, it was held that after 01/04/89, power to reopen is much wider but still, if the Assessing Officer is permitted to do reopening on mere change of opinion then it would give arbitrary power to Assessing Officer to reopen the assessment. From the facts of the present case, as discussed above, it is seen that the opinion was formed by the Assessing Officer in the course of original assessment proceedings completed u/s 143(3) of the Act and now, the reopening is on mere change of opinion because there is no reference to any new material and disallowance by the A.O. in a subsequent year is not a fresh material in itself unless such disallowance in a subsequent year is on the basis of a fresh material having relevance in the present year also. There is no such mention in the reasons recorded by the A.O. that the disallowance of the claim in A.Y. 2009 – 10 is on the basis of a fresh material having relevance in these two years also. Hence, the reopening is on mere change of opinion on same materials, which cannot be permitted - Decided in favour of assessee.
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