Original assessment was done u/s 143(3). AO issued the notice for reassessment to disallow payment on account of technical know how fees paid by it by holding it to be only adding as intangible asset falling within domain of S. 32(1)(ii) and allowing only 25 per cent depreciation. Order of the AO affirmed by the CIT(A). Tribunal held that reassessment is not valid. On appeal  dismissing the appeal of the revenue the Court held that it was clear from records that issue of payment of technical know how fee was already considered by AO and matter was also referred to Transfer Pricing Officer who had considered payment of technical know how fee while analysing various such payments for international transactions on basis of Transactional Net Margin Method (TNMM) under rule 10B.He had also assessed amount of TP adjustments which was included in assessed income separately by AO in the original  assessment order u/s 143(3) of the Act. Accordingly the Court held that reassessment was done merely based on a change of opinion and, therefore, same is held to be unjustified. ( Dr.Amin’s Pathology laboratory v.P.N. Prasad JCIT (2001) 252 ITR 673 (Bom) (HC) distinguished, Followed CIT v Kelvinator India Ltd (2010) 320 ITR 561 (SC) . (AY. 2003-04)