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“change of opinion”

ReassessmentSection 147Section 1472,292 judgments

The decision most relied on for change of opinion is CIT v. Kelvinator of India Ltd. (320 ITR 561), cited in 1,673 judgments on BharatTax.

Leading authorities on change of opinion

CIT v. Kelvinator of India Ltd.
320 ITR 561 · 2010 · Supreme Court
1,673
citing judgments

An Assessing Officer cannot initiate reassessment proceedings under Section 147 of the Income Tax Act based on a mere change of opinion. Reassessment is permissible only when there is fresh tangible material leading to the belief of income escapement, not merely a review of existing facts.

Hindustan Lever Ltd. v. R.B. Wadkar
268 ITR 332 · 2004 · High Court
695
citing judgments

The validity of reassessment proceedings initiated under Section 147, by issuing a notice under Section 148, must be judged solely on the reasons originally recorded by the Assessing Officer. These recorded reasons cannot be supplemented, improved upon, or modified at any later stage.

CIT v. Kelvinator of India Ltd.
256 ITR 1 · 2002 · High Court
439
citing judgments

An Assessing Officer cannot reopen an assessment under Section 147 based on a mere change of opinion regarding the same material available during the original assessment. Reopening requires fresh, tangible material or information that leads to a reason to believe income has escaped assessment.

T.S. Balaram ITO v. Volkart Bros.
82 ITR 50 · 1971 · Supreme Court
382
citing judgments

A mistake apparent from the record under Section 154 must be an obvious and patent error, not one that requires a long and elaborate process of reasoning or where two opinions are conceivable. Rectification under Section 154 is not permissible for re-examining issues already considered or requiring detailed re-computation.

CIT v. Orient Craft Ltd.
354 ITR 536 · 2013 · High Court
366
citing judgments

Reassessment of income, especially after a summary assessment under Section 143(1), requires the Assessing Officer to possess fresh, tangible material to form a reason to believe that income has escaped assessment; a mere reappraisal of existing records or a change of opinion without new material is not permissible.

CIT v. Foramer France
264 ITR 566 · 2003 · Supreme Court
253
citing judgments

Reassessment proceedings initiated under Section 147 beyond four years from the end of the relevant assessment year are invalid unless the assessee failed to disclose fully and truly all material facts necessary for assessment. Without such failure, the notice issued under Section 148 is time-barred and without jurisdiction.

Haryana Acrylic Manufacturing Company v. CIT
308 ITR 38 · 2009 · High Court
248
citing judgments

Reassessment proceedings are invalid if the reasons recorded for initiating action under section 148 are not served on the assessee within the limitation period prescribed by section 149. Furthermore, reassessment cannot be based on a mere change of opinion without tangible material, particularly when the assessee has made a full and true disclosure of material facts.

CIT v. SFIL Stock Broking Ltd.
325 ITR 285 · 2010 · High Court
243
citing judgments

Reassessment proceedings under Section 147 are invalid and void ab initio if initiated based on 'borrowed satisfaction' without the Assessing Officer's independent application of mind, or merely on documents already available on record without fresh tangible material.

Judgments citing change of opinion

Siddharth Bhaskar Shah, Mumbai vs. Pr. Commissioner of Income Tax-27, New Mumbai

ITA 3327/MUM/2025[2022-23]Status: DisposedITAT Mumbai16 Feb 2026AY 2022-23

Bench: Shri Sandeep Gosain & Shri Om Prakash Kantι.Τ.Α. Νο. 3327/Mum/2025 Α.Υ: 2022-23 Siddharth Bhaskar Shah Vs Pcit -27 803, Neelkanth Indraprastha, Valley, Rajawadi, Ghatkopar (E) Mumbai - 400077 Pan – Bigps6015Q Room No. 401, 4Th Floor, Tower No. 6, Vashi Rly Stn, Commercial Complex Vashi, Navi Mumbai. (Appellant) (Respondent) Assessee By | Shri Satyaprakash Singh Revenue By | Shri Vivek Permapurna, Cit (Dr) Date Of Hearing 19.11.2026 Date Of Pronouncement 16.02.2026 Order Per: Shri. Sandeep Gosain, J.M.: The Present Appeal Has Been Filed By The Assessee Challenging The Impugned Order Dt. 24.04.2025 Passed Under Section 263 Of The Income Tax Act, 1961 (‘The Act'), By The Pr.Cit(A) For The Assessment Year 2022-23. The Assessee Has Raised The Following Grounds Of Appeal: 1. The Learned Principal Commissioner Of Income-Tax Has Erred In Law & On Facts In Not Appreciating That Where The A.O. After Detailed Verification Of Record & Making Enquires Had Framed The Assessment, The Revision Powers Conferred On The Principal Cit Under Section 263 Of Act, Cannot Invoked Only Based On A Change Of Opinion. 2

Section 263Section 54F

framed the assessment, the revision powers conferred on the Principal CIT under section 263 of Act, cannot invoked only based on a change of opinion. 2 ITA No. 3327/Mum/2025 Siddharth Bhaskar Shah, Mumbai. 2. The Principal Commissioner of Income-tax has erred in passing Order u/s.263 of the Income ... provisions of Section 54F was available to the Assessee and hence the directions of Principal Commissioner of Income-tax were on account of change of opinion. 4. The Principal Commissioner of Income-tax has erred in passing Order u/s.263 of the Income-tax Act, 1961 dated 24.04.2025, and issuing directions

Vardaan Infrastructures Private Limited, Raipur vs. Income Tax Officer, Ward 4(1), Raipur

In the result, the appeal of assessee is allowed as above

ITA 834/RPR/2025[2013-14]Status: DisposedITAT Raipur11 Feb 2026AY 2013-14

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Avdhesh Kumar Mishra, Am आयकर अपील सं. / Ita No: 834/Rpr/2025 (िनधा"रण वष" Assessment Year: 2013-14) Vardaan Infrastructures Private Limited, Vs Income Tax Officer, Ward 4(1), C/S Shankar Marbles, Ring Road 1, Ayakar Bhawan, Civil Lines, Santoshi Nagar, Raipur, Chhattisgarh, Raipur, Chhattisgarh, 492001 Pan: Aadcv3823C (अपीलाथ"/Appellant) (""थ" / Respondent) : िनधा"रती की ओर से / Assessee By : Shri Praveen Khandelwal & Shri Praveen Goyal, Cas राज" की ओर से / Revenue By : Dr. Priyanka Patel, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 09/02/2026 घोषणा की तारीख / Date Of : 11/02/2026 Pronouncement आदेश / O R D E R Per Avdhesh Kumar Mishra, Am: This Appeal For Assessment Year (‘Ay’) 2013-14 Filed By The Assessee Is Directed Against The Order Dated 06.11.2025 Of Commissioner Of Income Tax (Appeals), [‘Cit(A)’], National Faceless Appeal Centre (‘Nfac’), Delhi Passed Under Section 250 Of The Income Tax Act, 1961 (‘Act’).

For Appellant: Shri Praveen Khandelwal and Shri Praveen Goyal, CAsFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 143(3)Section 147Section 148Section 250Section 68

circumstances of the case and in law, the notice u/s 148 of the Act has been issued by the assessing officer on change of opinion, hence, illegal and bad in law. 4. That on the facts and in the circumstances of the case and in law, the notice

Jain Enterprises, Bhilai, Durg vs. PCIT, Raipur-1, Raipur

In the result, appeal of the assessee is dismissed as above

ITA 187/RPR/2025[2018-19]Status: DisposedITAT Raipur11 Feb 2026AY 2018-19

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Avdhesh Kumar Mishra, Am आयकर अपील सं. / Ita No: 187/Rpr/2025 (िनधा"रण वष" Assessment Year: 2018-19) Jain Enterprises, Vs Pr. Commissioner Of Income Tax, 87-B, Light Industrial Area, Raipur-1, Central Revenue Building, Bhilai-490026, C.G. Civil Lines, Raipur, 492001, C.G. Pan: Aagfj3469G (अपीलाथ"/Appellant) (""थ" / Respondent) : िनधा"रती की ओर से / Assessee By : Shri S. R. Rao, Advocate राज" की ओर से / Revenue By : Shri Ram Tiwari, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 07/01/2026 घोषणा की तारीख / Date Of : 11/02/2026 Pronouncement आदेश / O R D E R Per Avdhesh Kumar Mishra, Am: This Appeal For Assessment Year (‘Ay’) 2018-19 Filed By The Assessee Is Directed Against The Order Dated 24.03.2025 Of The Principal Commissioner Of Income Tax, Raipur-1 (‘Pcit’) Passed Under Section 263 Of The Income Tax Act, 1961 (‘Act’).

For Appellant: Shri S. R. Rao, AdvocateFor Respondent: Shri Ram Tiwari, CIT-DR
Section 142(1)Section 147Section 148Section 263

assessee, before the Ld. PCIT, questioned the revisionary proceedings initiated under section 263 of the Act as it was a case of change of opinion only. The assessee placed reliance on decisions in the cases of Anil Kumar Sharma 2010 SCC Online Del 838, Clix Finance India ... order. Thus, the Ld. Counsel questioned the order passed under section 263 of the Act on reasoning that it was a case of change of opinion. He placed reliance on the following decision: 1. Malabar Industrial Co. Ltd. (2000) 243 ITR 83 (SC) 2. Mahavir Ashok Enterprises

Parveen Kumar, 229, Village Manakpur-II, Tehsil Jagadhri, Haryana vs. Prabhjot Kaur, PCIT Panchkula, Chandigarh

In the result, all the above appeals filed by the respective assessee’s are dismissed

ITA 576/CHANDI/2024[2018-2019]Status: DisposedITAT Chandigarh11 Feb 2026AY 2018-2019

Bench: the Tribunal as pointed out by the Registry. Considering that the issue involved is purely legal in nature, and respectfully following the ratio laid down by the Hon'ble Supreme Court in Collector, Land Acquisition v. Mst. Katiji & Others [(1987) 167 ITR 471 (SC)], which emphasizes that substantial justice should prevail over technical considerations, we condone the delay in filing these appeals.3. We shall take appeal of the assessee in ITA No. 167/Chd/2023 for A.Y 2018-19 as a lead case f

For Appellant: Shri Parikshit Aggarwal, C.A (Virtual)For Respondent: Shri Manav Bansal, CIT, DR

indirectly reopen an issue which could not be sustained in reassessment proceedings.  The impugned revision proceedings are thus based on a mere change of opinion and constitute an impermissible exercise of revisional power. The order passed under section 263, therefore, deserves to be quashed as being void ab initio ... examine the binding effect of later statutory amendments constitutes an error amenable to revision under section 263. 46. The argument of “change of opinion” raised by the assessee is wholly untenable. For invoking the doctrine of change of opinion, there must be a conscious formation of opinion by the Assessing