Mere change of opinion does not provide jurisdiction for re-opening of assessment

Last updated: 28 February 2023

Court :
Bombay High Court

Brief :
The Hon'ble Bombay High Court in Survival Technologies Pvt. Ltd. v. the Deputy Commissioner of Income Tax [Writ Petition No. 3035 of 2022 dated February 20, 2023] has set aside the notice issued under Section 148 of the Income Tax Act ("the IT Act") seeking to reopen the assessment of the assessee and the consequential order rejecting the objections of the assessee for reopening such assessment proceedings, on the grounds that the notice was issued without any tangible material with the Revenue Department. Held that, mere change of opinion does not provide jurisdiction to the Revenue Department to re-open assessment.

Citation :
Writ Petition No. 3035 of 2022 dated February 20, 2023