Change of opinion bars reassessment when Section 148 notice relies on material already examined and concluded earlier.

Reopening based on the same facts and material already examined by the appellate authority was treated as a re-examination of a concluded issue, not as a case arising from fresh information. The Rajasthan HC held that the absence of new material meant the reassessment action reflected a change of opinion and was beyond jurisdiction. The notice issued under Section 148, the sanction note founded on that same material, and all consequential proceedings were set aside.

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Issues: Whether the notice issued under Section 148 of the Income-tax Act, 1961 and the sanction note founded on the same material as earlier examined by the appellate authority could be sustained.

Analysis: The notice was based on the same facts and material that had already been examined and concluded by the appellate authority, with no fresh material having emerged thereafter. Reopening on that basis amounted to a re-examination of a concluded matter and a change of opinion, rendering the reassessment action beyond jurisdiction.

Conclusion: The notice under Section 148 and the sanction note, along with all consequential proceedings, were set aside.

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