Tribunal quashes reassessment order for impermissible reopening based on change of opinion. Notional rental income issue remains unaddressed.

The Tribunal allowed the appellant's appeal, quashing the reassessment order as the reopening was deemed impermissible based on a change of opinion. The issue of determining notional rental income was not addressed due to the invalidation of the reassessment.

---

---

Issues:
1. Condonation of delay in filing the appeal before the Tribunal.
2. Validity of reopening of assessment under section 147 of the Income Tax Act.
3. Determination of notional rental income by the Assessing Officer.

Issue 1: Condonation of delay in filing the appeal before the Tribunal
The appellant filed the appeal late by ninety-four days and sought condonation of the delay. The appellant's counsel explained that the delay was due to misplacement of the appellate order and subsequent retrieval of the same. The Tribunal, after reviewing the affidavit and petition, found sufficient cause for the delay and granted condonation, admitting the appeal for hearing and adjudication.

Issue 2: Validity of reopening of assessment under section 147 of the Income Tax Act
The appellant challenged the reopening of assessment under section 147, contending that the original assessment was completed under section 143(3) and there was no valid reason for reopening. The Assessing Officer had accepted the appellant's claims during the original assessment, indicating no default on the appellant's part. The Tribunal held that the reopening was based on a change of opinion, which is impermissible under the law. Citing relevant case law, the Tribunal quashed the reassessment order, concluding that the reopening was solely on a change of opinion and not valid.

Issue 3: Determination of notional rental income by the Assessing Officer
The Assessing Officer, during reassessment, determined the notional rental income from the appellant's property at Chennai. The appellant appealed this determination before the CIT(A), who dismissed the appeal. However, the Tribunal, after invalidating the reopening of assessment, did not find it necessary to adjudicate the issue on merits. Consequently, the appeal filed by the appellant was allowed.

In conclusion, the Tribunal allowed the appeal filed by the appellant, quashing the reassessment order and determining that the reopening of assessment was solely based on a change of opinion, which was not valid under the law. The issue of notional rental income determination was not adjudicated upon due to the quashing of the reassessment order.

---