S. 147: Reassessment-Change of opinion –Capital gains Reopening to treat capital gains as business income invalid where issue was considered in original assessment-Reopening also invalid where same issue was dropped in revision proceedings. [S. 28(i), 45, 148, 263]

S. 147: Reassessment-Change of opinion –Non-compete fee-Where an issue was specifically examined during original assessment through a query, reopening on the same issue constitutes an invalid change of opinion, even if the assessment order is silent on that point. [S. 37(1), 148, Art. 226]

S. 147: Reassessment-If income forming basis of reopening notice is not assessed, Assessing Officer cannot independently assess other escaped income subsequently noticed. [S.147 Expln. 3, 148, Art. 226]

S. 147 : Reassessment-After the expiry of four years-Depreciation-Rate of depreciation-Computer software-Where depreciation on computer software was allowed at 60 per cent in the original scrutiny assessment, reopening the assessment after four years to restrict the rate to 25 per cent was held invalid as it was based on a mere change of opinion, there being no failure on the part of the assessee to disclose material facts. [S. 143(3), 148, Art. 226]

S. 147 : Reassessment-After expiry of four years-Change of opinion –Interest on capital work in progress-Reopening based on material already on record-No failure by assessee to disclose fully and truly all material facts-Notice quashed. [S. 36(1)(iii), 143(3), 148, Art. 226]

S. 147: Reassessment-After expiry of four years-Change of opinion-Reopening an assessment to disallow interest expense, where a query on the underlying loan and its utilisation was raised and answered during the original scrutiny assessment, amounts to a mere change of opinion and is not justified. [S. 24, 57, 143(3), Art. 226]

S. 147 : Reassessment-After expiry of four years-Change of opinion-Where assessee had fully and truly disclosed all material facts for claim of interest expense, reopening of assessment on ground that said interest ought to have been capitalised to work-in-progress amounts to a mere change of opinion and is invalid. [S. 36(1)(iii),. 148, Art. 226]

S. 147 : Reassessment-After expiry of four years-Change of opinion-HUF as a partner-All facts disclosed during original assessment under section 143(3)-Reopening invalid. [S. 143(3), 148, 184, Art. 226]

S. 147 : Reassessment-After the expiry of four years-Change of opinion-Reopening on the ground that deduction under section 80HHC ought to have been determined after setting off brought-forward losses held to be a mere change of opinion on the same material and, hence, not permissible. [S. 80HHC, 143(3), 148, Art. 226]

S. 28(i) : Business loss-Mark‑to‑market loss on forward contracts-Ascertained liability-Allowable as business loss-Not speculative-Not required to be added back while computing book profits under section 115JB. [S. 43(5), 73]