2026 (2) TMI 1315 - SCH - Income Tax

Reopening of assessment requires a demonstrable link between reasons and evidence; mere change of opinion and late notices are impermissible, petition dismissed.

Reopening of assessment on the basis of a mere change of opinion, particularly when initiated after four years and during an existing scrutiny under ... Reopening of assessment u/s 147 - Change of opinion - link between the reasons and the evidence - proceedings have been initiated purely based on the audit objection - Notice after the expiry of four years - As decided by HC [2025 (7) TMI 258 - BOMBAY HIGH COURT] merely because the AO is now of the opinion that the deduction is wrongly granted, cannot invest him with the jurisdiction to reopen the assessment, especially in a case where reassessment proceedings are initiated when there is already a scrutiny assessment u/s 143(3) and which is after a period of 4 years from the date of the relevant assessment year and there has been no failure to disclose fully and truly all material facts in relation to the concerned assessment year. HELD THAT:- There is a delay of 124 days in filing this Special Leave Petition and we do not find any plausible and bona fide explanation to condone this inordinate delay. Even on merits, we see absolutely no reason to interfere with the impugned order in exercise of our jurisdiction under Article 136 of the Constitution of India. Special Leave Petition is, accordingly, dismissed on the ground of delay as well as on merits. Outcome: Special Leave Petition dismissed on the ground of delay as well as on merits.