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TMI Blog2022 (3) TMI 973X X X X Extracts X X X X X X X X Extracts X X X X ..... on of material on record, one view is conclusively taken by the Assessing Officer, it would not be open to reopen the assessment based on the very same material with a view to take another view. We are satisfied that the proposed reopening is purely based on change of opinion which is not permissible in law. The notice, therefore, has to go. It is settled law that once a query is raised during the assessment proceedings and the assessee has replied to it, it follows that the query raised was a subject of consideration of the Assessing Officer while completing the assessment. It is not necessary that an assessment order should contain reference and/or discussion to disclose its satisfaction in respect of the query raised. The change of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asons for reopening, copy whereof is annexed to the petition. There is nothing in the reasons to indicate that there was failure on the part of petitioner to truly and fully disclose material facts. A bald allegation in the reasons that the assessee had not disclosed fully and truly all material facts, would not assist respondents since it is quiet obvious that such an allegation has been made only to take the case out of the restrictions imposed by the provisio to Section 147 of the Act. The reasons for reopening has raised two issues namely subsidy received of ₹ 61,50,969/- and the provision for expenses of Rs,59,04,000/-. Both these issues were subject matter of consideration during the original assessment proceedings. 4. The do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Assessing Officer is not entitled on change of opinion to commence the proceedings for reassessment. Where on consideration of material on record, one view is conclusively taken by the Assessing Officer, it would not be open to reopen the assessment based on the very same material with a view to take another view. 7. In the circumstances, we are satisfied that the proposed reopening is purely based on change of opinion which is not permissible in law. The notice, therefore, has to go. 8. At this stage, Mr. Suresh Kumar submits that the subsidy issue was not discussed in the assessment order and, therefore, there is nothing to indicate that it was subject matter of consideration during the assessment proceedings. 9. It is sett ..... X X X X Extracts X X X X X X X X Extracts X X X X
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