2023 (1) TMI 73 - SCH - Income Tax

Reopening of assessment u/s 147 - Notice beyond four years - conditions precedent for reopening - HELD THAT - Having gone through the reasons recorded for re-opening, we are of the opinion that the conditions precedent for reopening of the assessment beyond four years are not satisfied. The re-assessment was on change of opinion. There are no allegations of suppression of material fact. Under the circumstances, no error has been committed by the High Court in setting aside the re-opening notice under Section 148 - We are in complete agreement with the view taken by the High Court. The Special Leave Petition stands dismissed.

Summary

The Supreme Court of India dismissed the Special Leave Petition as the conditions for reopening the assessment beyond four years under Section 148 of the Income Tax Act were not satisfied. The reassessment was deemed to be based on a change of opinion without allegations of material fact suppression. The High Court's decision to set aside the reopening notice was upheld.