Prithvi Apartments Co-operative Housing Society Limited Vs ACIT (Bombay High Court)
Bombay High Court held that since issue already examined during the course of assessment proceedings, re-opening of assessment on same issue amounts to change of opinion. Thus, re-opening based on change of opinion is not sustainable. Accordingly, notice u/s. 148 quashed and set aside.
Facts- This Petition challenges notice under Section 148 of the Act dated 31.03.2021 for the assessment year 2014 -15. In this case, an assessment order under Section 143(3) of the Act was passed on 07.12.2016. The impugned notice under Section 148 is dated 31.03.2021 i. e. after a period of four years from the end of the relevant assessment year.
Conclusion- Held that the issue was examined during the course of the assessment proceedings and therefore, any attempt to re-open the case on these two issues would amount to re-opening on the basis of change of opinion and review of the earlier order passed under Section 143(3) of the Act. This is not permissible under the Act which confers the power to re-open the case under Section 147 of the Act. In view of above, there being no allegation of failure to disclose fully and truly all material facts necessary for the assessment and the issues having examined during the course of the original assessment proceedings, the impugned notice under Section 148 of the Act dated 31.03.2021 seeking to re-open concluded assessment of assessment year 2014 – 15 is quashed and set aside.
