Allowing the petition the Court held that the  order and the materials furnished by the assessee at the stage of original assessment showed that there was conscious application of mind to the issue of deduction under section 80-IB(10) by the Assessing Officer and after considering the evidence and materials, he had thought it not fit to disallow the deduction. Therefore, a mere change of opinion while pursuing the same material by the Assessing Officer while initiating the proceedings, could not be a reason to believe that income had escaped assessment. Once an opinion was formed on the issue of deduction and assessment on the issue was made under section 143 reopening the assessment on the same set of facts and material, without there being any tangible material would be nothing but a change of opinion. The condition precedent for reopening of the assessment beyond the period of four years having not been satisfied the notice issued under section 148 was quashed and set aside. (AY. 2012-13)