Reopening of assessment u/s. 147 based on change of opinion is unsustainable-in-law: Bombay HC

Castrol India Ltd Vs DCIT (Bombay High Court) Bombay High Court held that reopening of assessment under section 147 of the Income Tax Act, without any fresh and tangible material, merely on the basis of change of opinion is unsustainable in law. Facts- During the year under consideration, Petitioner incurred expenses of Rs.10,54,06,706/- towards Corporate Social Responsibility u/s. 135 of the Companies Act. A dis-allowance was made for the amount of CSR in the return of income in consonance with the Explanation 2 to Section 37 of the Act. Petitioner also claimed deduction of Rs.1,79,41,595/- (...