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2023 (4) TMI 197 - HC - Income TaxReopening of assessment u/s 148 - original assessment was completed u/s 143(3) - change of opinion - HELD THAT:- We are of the view that reopening of assessment in this case was entirely on account of change of opinion by the assessing officer. In the initial assessment proceedings u/s 143(3) of the Act, he had accepted the claim of the appellant that the outstanding RD Cess was a liability and accordingly did not make addition of the same to the income of the assessee. AO, upon change of opinion, had sought to rectify the assessment under Section 154 of the Act but that was given up when objection was raised. Thereafter, he had issued the notice u/s 148 of the Act and carried out the reassessment under Section 147 of the Act. In our opinion, this is clearly impermissible. Decided in favour of assessee.
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