Allowing the petition the Court held that ; it was evident that the claim of the assessee was processed in detail after calling for explanations from the assessee. It was accepted after forming an opinion on the activities carried out by the assessee. There was no failure on the part of the assessee as to true and full disclosure of all material facts. Therefore, the reopening of the assessment under S.147 was based on change of opinion and hence was not justifiable. The notice issued under S. 148 was quashed and set aside. ( AY. 2010-11)
Lambda Therapeutic Research Ltd. v. ACIT ( 2018) 402 ITR 177 (Guj) (HC)
S.147: Reassessment-After the expiry of four years- Reopening of assessment on the ground that activities of assessee is not eligible for deduction was held to be change of opinion, hence reopening was held to be not valid [ S.80IB(8A), 148 ]