TMI Blog2017 (10) TMI 1273X X X X Extracts X X X X X X X X Extracts X X X X ..... inal assessment order. All other material facts were already disclosed fully and truly necessary for the said assessment were also available and considered by the A.O. originally. On the basis of the same facts and figures which were considered and one possible view has been taken the same A.O. or his successor A.O. cannot take a different view as it would amount to a change in opinion which is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 05. The regular assessment was completed under Section 143 (3) on 26.12.2006. It was reopened and notice under Section 147/148 was issued. The assessee objected to the reopening but was unsuccessful in persuading the lower authorities. The ITAT, however, was of the opinion that the reasons recorded in support of the reassessment could not be sustained. In doing so, it relied upon the judgment in C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In view of the above, I have reason to believe that ILLEGIBLE the extent of at least ₹ 2,20,05,000/- chargeable to tax has escaped assessment due to failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment for the A.Y.2004-05. Therefore, it is a fit case for issue of notice u/s 148 of the Act. 3.1 We have found that full facts relati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee so the A.O. is not entitled to change opinion to commence proceedings for reassessment. Both the grounds taken as reasons for reopening amount to sheer and mere change of opinion and nothing more. In this regard, the ratio decidendi of the case of the Hon ble Apex Court rendered in the case of CIT Vs. Kelvinator of India Ltd. 320 ITR 561 would apply mutatis mutandis. Accordingly, we hold th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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