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2022 (6) TMI 1116 - AT - Income TaxReopening of assessment u/s 147 - tangible material to reopening of assessment - change of opinion - HELD THAT:- Hon’ble Gujarat High Court in the case of Ami Ashis Shah [2021 (3) TMI 1174 - GUJARAT HIGH COURT] observed that the re-opening of assessment u/s 147 of the Act is held to be unsustainable since the original ITR was processed u/s 143(1)a of the Act and no new tangible material was found and notice was given on the ground that the assessee did not offer to tax certain income. As in the case of Commissioner of Income Tax v. Kelvinator India Limited [2010 (1) TMI 11 - SUPREME COURT] wherein, it has been held that, one needs to give a schematic interpretation to the words “reason to believe”, failing which, Section 147 of the Act would give arbitrary powers to the Assessing Officer to reopen the assessment on the basis of mere “change of opinion", which cannot be per se reason to reopen. Reappraisal of same facts/documents/information means change of opinion. AO has no power to review his order. Order which has been passed purportedly without application of mind would itself confer jurisdiction upon the Assessing Officer to reopen the proceeding without anything further, the same would amount to giving premium to an authority exercising quasi-judicial function to take benefit of its own wrong. Thus alleged re-assessment proceedings are bad in law and liable to be quashed - Decided in favour of assessee.
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