Allowing the petition the Court held that  the  reopening of assessment for the assessment year was on a mere change of opinion. A survey operation had been conducted under section 133A on January 31, 2008 and in the survey report it was specifically recommended to examine in detail the genuineness of the claim of the assessee about compensation payable to the seven parties. The Assessing Officer in his order dated December 31, 2010 had accepted the submissions of the assessee and had allowed the amount refunded as expenditure. In the reasons the Assessing Officer had stated that while passing the order under section 143(3), the Assessing Officer who had passed the original assessment order should not have accepted the payment of compensation as expenditure but should have treated it as “capital payment”.  Court held that the notice issued under section 148 on mere change of opinion hence  quashed and set aside.(AY.2008-09)