Assessing Officer issued a notice under section 148 on ground that assessee had debited an amount on account of DAP paid to employees which was in nature of dividend and not admissible as expenditure and also production and translation expenses of certain amount could also not be allowed. The material for reopening assessment had been gathered from assessment record of subsequent year.  On writ the Court held that there was no whisper, what to speak of any allegation, that assessee had failed to disclose fully and truly all material facts necessary for its assessment and because of that failure, there had been an escapement of income chargeable to tax.  The Assessing Officer specifically recorded in reasons that it was a mistake which resulted in under assessment of income-Thus, it was manifest that Assessing Officer had not attributed alleged escapement of income to any failure on part of assessee but to a mistake and lack of verification on his own part. Court held that  reasons that prompted Assessing Officer to reassess and disallow expenditure incurred on DAP only demonstrated a change of opinion on part of Assessing Officer, which could not form basis of reopening assessment.  Accordingly the  notice and order disposing the objection is set aside. (AY. 2011-12)