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2022 (3) TMI 1042 - BOMBAY HIGH COURTValidity of reopening of assessment - reasons to believe - provision was not allowable expense and contingent in nature and it was required to be disallowed while computing book Profit under section 115JB - HELD THAT:- As held by this Court time and again and particularly in Aroni Commercials Ltd. [2014 (2) TMI 659 - BOMBAY HIGH COURT] 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. We are satisfied that the issue of year end identified provision for expenses was a subject of consideration of the Assessing Officer during the original assessment proceedings - reopening of assessment by the impugned noticeis merely on the basis of change of opinion of the AO from that held earlier during the course of assessment proceedings leading to the assessment order dated 27.12.2019. 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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