( 1 ) IN this group of three petitions, at the stage of show cause notice, the petitioners-assessees, have invoked extraordinary, plenery, equitable and discretionary jurisdiction of High Court under Article 226 of the Constitution of India, a common question has surfaced for our consideration and adjudication i. e. whether in exercise of powers by the respondent authority, for reassessment and resultant notices under section 148 of the Income Tax Act, 1961 to the petitioners, at this stage, prima facie, could be said to be based on "change of opinion" or on new opinion on finding out mistake upon the existing material or could it be said that there is total lack of jurisdiction ?

( 2 ) THE case of the petitioner in each petition is that the impugned notice is without jurisdiction, as re-assessment cannot be made on the basis of "change of opinion" since all the relevant facts and entire material had been considered by the Assessing Officer, at the relevant time. Whereas, revenue has contended that assessee has claimed depreciation as deduction on non-exisatant machinery and bogus claim was found and depreciation, thereon, claimed was not, consciously, considered. The