Change of opinion barred reopening where reassessment relied on the same material already examined in scrutiny assessment.

Reassessment based on the same material already examined in the original scrutiny assessment was treated as a change of opinion. The original assessment under section 143(3) had already considered the relevant issue, and the reopening under sections 147 and 148 relied on no fresh material outside the record. In these circumstances, the reassessment was held to be without legal basis, and the revenue's challenge failed.

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Issues: Whether reassessment initiated on the same material already examined in the original assessment was valid, or whether it amounted to a change of opinion and was bad in law.

Analysis: The original assessment had been completed under section 143(3) of the Income-tax Act, 1961 after examination of the relevant issue. The reopening under sections 147 and 148 was founded on no material alien to the record and was based on the very same matter already considered earlier. In such circumstances, the reassessment proceedings were treated as a mere change of opinion.

Conclusion: The reopening was held to be bad in law, and the revenue's challenge failed.

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