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2023 (2) TMI 870 - HC - Income TaxReopening of assessment u/s 147 - Reasons to believe - as argued entire reassessment proceedings are unsustainable as the AO has reviewed the earlier order passed under section 143(3) - HELD THAT:- From the reasons recorded, it does not appear that there was any fresh tangible material which has come to the notice of the AO between the date of the passing of the order under section 143(3) of the Act and the date of issuance of notice under section 148 of the Act. AO has only tried to re-visit and reconsider the decision rendered in the earlier regular assessment proceedings on the ground that the addition ought not to have been limited only to Rs.27,27,657/- and ought to have been extended to Rs.3,60,135/-. This, in our opinion, was nothing but a change of opinion on the part of the AO, and therefore, impermissible in law. No hesitation in holding that jurisdictional conditions with regard to section 147 of the Act have not been satisfied in the present case, which makes the order impugned unsustainable in law. Decided in favour of assessee.
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