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2019 (11) TMI 267 - AT - Income TaxRe-opening of the assessment u/s 147 - validity of reason to believe - HELD THAT:- In the present case, notice u/s 148 has been issued on 28.03.2016 in relation to assessment year 2011-12. Hence, the reopening of assessment is within a period of four years from the end of the relevant assessment year. In such cases, the AO would be clothed with jurisdiction to issue a notice for reopening of an assessment if he has reason to believe that income chargeable to tax has escaped the assessment. The requirement of failure to make true and full disclosure as provided in the proviso to Section 147 is not to be satisfied for issuing of re-opening notice within the period of four years from the end of the relevant assessment year. Thus, in the absence of cumulative satisfaction of reason to believe and in the absence of any income chargeable to tax escaping assessment, the Assessing Officer is not empowered with jurisdiction to reopen an assessment. In the present case, it is also a fact that original assessment for the year under consideration was framed under section 143(3) of the Act. In such a situation, another aspect that has to be kept in mind is as to whether the reopening is based upon any tangible material which has come to the knowledge of the Assessing Officer subsequent to the framing of the earlier assessment or whether the same is merely a change of opinion on the part of the AO. In the present case find force in the contention of the Ld AR that the impugned notice have been occasioned by a change of opinion. It is trite law that a mere change of opinion cannot constitute a reason for re-opening the assessment - notice of reopening the assessment u/s 148 of the Act is on account of change of opinion by the AO, which is not permissible as per law - Decided in favour of assessee.
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