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2021 (3) TMI 487 - GUJARAT HIGH COURTReopening of assessment u/s 147 - Reasons to believe - whether the revenue is justified in reopening the assessment for the year A.Y. 2014-15 ? - HELD THAT:- It is a settled principle of law that, a mere fresh application of mind to the same set of facts or mere a change of opinion does not confer jurisdiction upon the Assessing Officer to issue notice under Section 148 of the Act. A perusal of the reasons recorded, it reveals that, the assessment is sought to be reopened mainly on the ground that, “the assessee was failed to disclose the VAT refund in his return of income which has resulted into under assessment of income”. Considering the scrutiny assessment order, it appears that, the assessee had disclosed fully and truly all primary material facts with regard to VAT amount and accordingly, the then assessing officer had framed the assessment. When there was no any failure on the part of the assessee to disclose fully and truly material facts for the purpose of relevant assessment, now it is not open to change that opinion on the very same set of facts which were available at the time of original assessment. Therefore, in the present case, the reasons recorded by the assessing officer led to belief about the escapement of assessment is nothing, but mere a change of opinion, which cannot sustainable in law. It is not the case of the revenue that, subsequently i.e. after the order of scrutiny assessment, the assessing officer has received “tangible material” to come to the conclusion that, there is escapement of income. We have also examined the aspect whether any tangible material exists or not. We do not find any tangible material in the hands of the assessing officer to form a prima facie opinion that, the income has escaped assessment. Therefore, in the present case, in the absence of element of non-disclosure of relevant materials fully and truly necessary for assessment, the assessing officer has no right to reopen the assessment. - Decided in favour of assessee.
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