JUDGMENT :

K.R. SHRIRAM, J.

1. Petitioner is impugning a notice dated 30th March, 2021 issued under Section 148 of the Income Tax Act, 1961 (the Act) seeking to re-open the assessment for A.Y. 2017-18 and the order dated 22nd June, 2021 rejecting petitioner’s objections.

2. The re-opening is proposed to be made within four years of the end of the relevant assessment year. In such a situation even though proviso to Section 147 of the Act would not apply, and the Assessing Officer has to only make out availability of tangible material, it is settled law that if the reopening is based on mere change of opinion, the notice issued under Section 148 of the Act has to be set aside. Paragraph No. 12 of the judgment dated 23rd November, 2021 Reserve Bank Officers Co-operative Credit Society Ltd. vs. The Income Tax Officer and Others. Writ Petition No. 3332 of 2019 (unreported) reads as under:

12. Section 147 enables the Assessing Officer to assess or reassess any income chargeable to tax which he has reason to believe has escaped assessment for an assessment year. The proviso to section 147 imposes additional requirements where an assessment is sought to be reopened beyond a period of four year