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2022 (1) TMI 739 - HC - Income TaxReopening of assessment u/s 147 - Eligibility of reasons to believe - Change of opinion - provision for sales return as the expenditure was not incurred during the previous year (as also the amortization of other operating expenses) - HELD THAT:- Reasons recorded only indicate a change of opinion by the Jurisdictional Assessing Officer (JAO) based on the same set of facts and documents. Moreover, the JAO has proceeded on the incorrect premise that the amount of provision for sales return as the expenditure incurred was not incurred during the relevant year but the following year. Infact this has been accepted in the order dated 16th November 2019 rejecting petitioner's objections, which order is also impugned in this petition. The JAO, though he admits that he has erred, states that that issue of difference is not of prime relevance or contention is not of relevance at this stage. When the primary facts necessary for assessment are fully and truly disclosed, the Assessing Officer is not entitled on change of opinion to commence proceedings for reassessment. As held in 3i Infotech Limited [2010 (6) TMI 372 - BOMBAY HIGH COURT] where on consideration of material on record, one view is conclusively taken by the Assessing Officer, it would not be open to the Assessing Officer to reopen the assessment based on the very same material with a view to take another view. In the reasons recorded also the JAO in effect says, as could be seen from paragraph 5 therein, that it was a change of opinion - we are unable to cull out what were the material facts necessary for assessment that were not disclosed by petitioner truly and fully at the time of assessment. - Decided in favour of assessee.
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