Upholding the petition of the assessee the Court held that; It is settled law that reopening cannot be based on change of opinion. Change of opinion does not constitute justification and/or reasons to believe that income chargeable to tax has escaped assessment. Court also observed that according to Respondent No.2, the Assessing Officer who passed the original assessment order should not have accepted the payment as expenditure but should have treated it as ‘capital payment’, which clearly show change of opinion. Notice of reassessment and order disposing the objection was quashed (WP. No. 1072 of 2014, dt. 29-4-22) (AY. 2008-2009)
Anjis Developers Pvt. Ltd v. CIT (Bom.)(HC) (UR)
S. 147 : Reassessment-With in four years-Change of opinion-Change of opinion does not constitute justification and/or reasons to believe that income chargeable to tax has escaped-Survey operation-Notice of reassessment and order disposing the objection was quashed. [S. 133-A, 147, Art. 226]