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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

Ashok Kumar Kolla, Hyderabad vs. DCIT., Circle-6(1), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 876/HYD/2024[2014-15]Status: DisposedITAT Hyderabad14 Nov 2024AY 2014-15

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G. & आ.अपी.सं /Ita No.876/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2014-15) Shri Ashok Kumar Kolla Vs. Dy. Commissioner Of Hyderabad Income Tax, Circle 6(1) Pan:Afwpk8481L Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri A.V.Raghuram, Advocate राज" व "ारा/Revenue By:: Shri K.N. Suresh Babu, Dr सुनवाई की तारीख/Date Of Hearing: 07/11/2024 घोषणा की तारीख/Pronouncement: 14/11/2024 आदेश/Order

For Appellant: Shri A.V.Raghuram, AdvocateFor Respondent: : Shri K.N. Suresh Babu, DR
Section 143(3)Section 147Section 148

that the reopening of the assessment is erroneous in law, void ab initio because, the Assessing Officer had reopened the assessment, merely on ‘change of opinion’, without there being any fresh tangible material, which come to the possession of the Assessing Officer, subsequent to the completion of the original assessment ... very same issue. The learned Counsel for the assessee further submitted that, the Assessing Officer has reopened the assessment, on mere change of opinion, which is evident from the assessment order passed by the Assessing Officer where the indexed cost of acquisition has been considered, on the basis of details