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Reopening of assessment under s.147 challenged on grounds of invalid notice under s.143(2) and "change of opinion." ITAT held notice under s.143(2) was valid as return was e-verified on 24.10.2019 and notice issued on 05.11.2019 complied with statutory requirements. However, reopening was quashed as it was based on identical facts available during original assessment under s.143(3), constituting mere change of opinion by successor AO without discovery of new material. Following Kelvinator precedent, reassessment proceedings initiated without fresh evidence were deemed impermissible. Appeal partly allowed in assessee's favor on the substantive ground of invalid reopening, though procedural challenge regarding notice was rejected.
Reopening of assessment under s.147 challenged on grounds of invalid notice under s.143(2) and "change of opinion." ITAT held notice under s.143(2) was valid as return was e-verified on 24.10.2019 and notice issued on 05.11.2019 complied with statutory requirements. However, reopening was quashed as it was based on identical facts available during original assessment under s.143(3), constituting mere change of opinion by successor AO without discovery of new material. Following Kelvinator precedent, reassessment proceedings initiated without fresh evidence were deemed impermissible. Appeal partly allowed in assessee's favor on the substantive ground of invalid reopening, though procedural challenge regarding notice was rejected.
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