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2019 (9) TMI 762 - AT - Income TaxValidity of reopening u/s. 148 - non-filing of Report from the Accountant as required u/s. 92E - change of opinion - HELD THAT:- A perusal of reasons recorded for reopening reveal that the AO invoked the provisions of section 148 as the assessee has not filed requisite Report in Form No. 3CEB along with the return of income for the impugned assessment year. In the absence of such Report, the return was held as invalid. AO was of the view that assessment has been made on invalid return. The fact that the assessee has not filed Report from Accountant in Form No. 3CEB was in the knowledge of Assessing Officer even at the time of making original assessment. This fact is very much evident as the Assessing Officer passed order levying penalty u/s. 271BA of the Act for non-filing of Report from the Accountant as required u/s. 92E on 25-04-2011. The assessment order u/s. 143(3) is subsequent to the order levying penalty u/s. 271BA. Thus, no new incriminating material has come to the knowledge of Assessing Officer for reopening the assessment. It is a clear case of change of opinion. The Hon‟ble Supreme Court of India in the case of Commissioner of Income Tax Vs. Kelvinator of India Ltd. [2010 (1) TMI 11 - SUPREME COURT] has held that invoking the provisions of section 148 r.w.s. 147 by Assessing Officer on change of opinion is not permissible. Thus, we find merit in the grounds raised by the assessee by way of application under Rule 27. - Decided in favour of assessee.
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