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2022 (3) TMI 973 - BOMBAY HIGH COURTReopening of assessment u/s 147 - Notice issued after the expiry of 4 years from the end of relevant year - eligibility of reasons to belive - change of opinion - Allowability of subsidy received and the provision for expenses - HELD THAT:- Both the issues raised in the reasons for reopening were subject matter of consideration before the Assessing Officer. When primary facts necessary for assessment are fully and truly disclosed, the Assessing Officer is not entitled on change of opinion to commence the proceedings for reassessment. Where on consideration of material on record, one view is conclusively taken by the Assessing Officer, it would not be open to reopen the assessment based on the very same material with a view to take another view. We are satisfied that the proposed reopening is purely based on change of opinion which is not permissible in law. The notice, therefore, has to go. It is settled law 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 Assessing Officer 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. The 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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