2006 (1) TMI 59 - DELHI HIGH COURT

Validity of a notice issued u/s 148 proposing to reopen the assessment on the ground that income exigible to tax for the said year has escaped assessment - whether or not the material necessary for taking a decision was available to the Assessing Officer either generally or in the form of a reply to the questionnaire served upon the assessee. What is important is whether the Assessing Officer had based on the material available to him taken a view. If he had not done so, the proposed reopening cannot be assailed on the ground that the same is based only en a change of opinion. In the result, this writ petition fails and is hereby dismissed