Issue examined under original assessment proceeding: Whether re-opening in such case is justified
- The Assessing Officer had completed original assessment proceedings under section 143(3) of the Income Tax Act. The Assessing Officer re-opened the proceedings by issuing notice under section 148 of the Income Tax Act.
- On a mere change of opinion, the Assessing Officer could not have invoked the re-assessment proceedings under section 147/148 of the Act beyond the period of four years from the end of the Assessment Year. Further, there was no doubt that the notice was issued after the expiry of period of four years.
- Hence, it was inferred that the notice was liable to be quashed.