During the original assessment, the Assessing Officer (AO) raised a specific query regarding the treatment of a non-compete fee, which the assessee had claimed as a revenue expenditure. After considering the assessee’s detailed reply, the AO passed an order under section 143(3) allowing the claim, without specifically discussing the issue in the order. Subsequently, the assessment was sought to be reopened under section 147 on the ground that the said fee was a capital expenditure. The High Court quashed the reopening notice, holding that it was based on a mere change of opinion. The Court, relying on Aroni Commercials Ltd v. DCIT (2014) 224 Taxman 13(Mag.))/ 362 ITR 362 ITR 403 (Bom)(HC) held that once a query is raised and replied to, it follows that the AO has considered the issue. A change of opinion does not constitute a valid reason to believe that income has escaped assessment. (AY. 2008-09)