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2023 (8) TMI 678 - AT - Income TaxReopening of assessment - reason to believe - change of opinion - scrutiny of records reveal that the assessee has furnished no supporting evidence regarding genuineness of 9 sundry creditors - HELD THAT:- As issue regarding “sundry creditors” remaining unverifiable was specifically enquired into during the course of original assessment proceedings. Therefore, in our considered view, the assessing officer cannot resort to the same issue and make additions to the total income on the very same ground/issue for consideration, which has been considered and enquired into detail during the course of original assessment proceedings and which formed the basis of framing of original assessment order. In the case of Kelvinator India Ltd. [2010 (1) TMI 11 - SUPREME COURT] Hon’ble Supreme Court has categorically held that “change of opinion” is an in-built test to check abuse of power by the Assessing Officer. Hence, for the purpose of re-opening of assessment, there has to be some fresh tangible material which was not available with the Assessing Officer at the time of original assessment proceedings. In absence of any such fresh tangible material, the re-opening cannot be resorted to since the same would amount to “mere change of opinion”. Further, the Supreme Court held that “mere change of opinion” cannot be per se “reason to reopen” the assessment proceedings which have already been concluded. Thus in the instant facts the re-assessment proceedings have been initiated on a “mere change of opinion” and hence the same are not liable to be sustained. Accordingly, we direct, that the re-assessment order having been passed on “mere change of opinion” is liable to be quashed.
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