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2023 (6) TMI 443 - BOMBAY HIGH COURTValidity of reopening of assessment - reason to believe - Change of opinion - query was raised during the scrutiny proceedings u/s 143(3) - HELD 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. If an AO has to record the consideration bestowed by him on all issues raised by him during the assessment proceeding even where he is satisfied then it would be impossible for the Assessing Officer to complete all the assessments which are required to be scrutinized by him u/s 143(3) - See ARONI COMMERCIALS LIMITED [2014 (2) TMI 659 - BOMBAY HIGH COURT] There can be no doubt that the very issues raised in the reasons to believe has been raised by the assessing officer during the scrutiny u/s 143(3) detailed explanation has been given and the assessing officer has been satisfied with the explanation. Reopening of the assessment by impugned notice is merely on the basis of change of opinion of the AO 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. Decided in favour of assessee.
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