expression “change of opinion” - Indian Laws - General

Expression change of opinion In Techspan India Private Limited [ 2018 (4) TMI 1376 - SUPREME COURT] observed that to check whether it is a case of change of opinion or not one would have to see its meaning in literal as well as legal terms. The expression change of opinion would imply formulation of opinion and then a change thereof. In terms of assessment proceedings, it means formulation of belief by the assessing officer resulting from what he thinks on a particular question. Therefore, before interfering with the proposed reopening of the assessment on the ground that the same is based only on a change of opinion, the court ought to verify whether the assessment earlier made has either expressly or by necessary implication expressed an opinion on a matter which is the basis of the alleged escapement of income that was taxable. If the assessment order is non - speaking, cryptic or perfunctory in nature, it may be difficult to attribute to the assessing officer any opinion on the questions that are raised in the proposed reassessment proceedings. [M/S. MANGALAM PUBLICATIONS- 2024 (1) TMI 1042 - SUPREME COURT] In Commissioner of Income Tax, Delhi vs. Kelvinator of India Ltd.- 2010 (1) TMI 11 - SUPREME COURT, this Court has held as under:- ......6. We must also keep in mind the conceptual difference between power to review and power to re-assess. The Assessing Officer has no power to review; he has the power to re-assess. But re-assessment has to be based on fulfillment of certain pre-condition and if the concept of change of opinion is removed, as contended on behalf of the Department, then, in the garb of re-opening the assessment, review would take place. 7. One must treat the concept of change of opinion as an in-built test to check abuse of power by the Assessing Officer. Hence, after 1st April, 1989, Assessing Officer has power to re-open, provided there is tangible material to come to the conclusion that there is escapement of income from assessment. Reasons must have a live link with the formation of the belief.