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2022 (4) TMI 1327 - BOMBAY HIGH COURTReopening of assessment u/s 147 - notice issued under Section 142(1) Assessing Officer had called upon Petitioner to give details of payments made to the persons covered by section 40A(2)(b) - HELD THAT:- It is settled law as held by this Court in Aroni Commercials Ltd. [2014 (2) TMI 659 - BOMBAY HIGH COURT], that once a query is raised during the assessment proceedings and the assessee has replied to it, it follows that the query raised was a subject of consideration of the AO while completing the assessment. It is not necessary that an assessment order should contain reference and/or discussion to disclose its satisfaction in respect of the query raised. The issues have been subject of consideration before the AO during the original assessment proceedings. There can be no doubt in the present facts, the very issue of incentives to the senior executives and the difference in the VAT turnover was a subject matter of consideration by the Assessing Officer during the original assessment proceedings. It would therefore, follow that the re-opening of the assessment by the impugned notice is merely on the basis of change of opinion from that held earlier during the course of assessment proceedings. This change of opinion does not constitute justification and/or reasons to believe that income chargeable to tax has escaped assessment.
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