Sec. 147 of Income Tax Act, 1961— Reassessment —Mere change of opinion cannot confer jurisdiction upon the Assessing Officer to initiate proceedings under Section 147.

Facts: Revenue went on appeal before Tribunal and raised the question of law that “Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that reopening of assessment was bad in law ?”

Held, that a bare reading of Section 147 will clearly show that in all contingencies of reopening, the Assessing Officer should have reasons to believe that income chargeable to tax escaped assessment. If the very same reasons were the subject matter of the proceedings under Section 143(3) or the proceedings under Section 263, once again, for the very same reasons, the power under Section 147 cannot be invoked and having done so, the CIT(A) as well as the Tribunal were right in coming to the conclusion that the reopening was bad in law. Mere change of opinion cannot confer jurisdiction upon the Assessing Officer to initiate proceedings under Section 147 ,it was held that the judgment under appeal does not call for interference. - CIT V/s NEYVELI LIGNITE CORPORATION LTD. - [2020] 27 ITCD Online 031 (MAD)