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[2009] 312 ITR 70 (GUJ.) HIGH COURT OF GUJARAT Austin Engineering Co. Ltd. v. Joint Commissioner of Income-tax D. A. MEHTA AND H. B. ANTANI, JJ. SPECIAL CIVIL APPLICATION NOS. 12050, 12053, 12054 AND 12055 OF 2000 JUNE 18, 2008 Section 149 of the Income-tax Act, 1961 - Income escaping essessment - Time limit for insurence of notice Reopening of assessment on basis of Apex Court decision after expiry of four years from relevant assessment year was not justified merely because Apex Court pronounced law to be otherwise than on date of filing of return of income when assessee made a claim for deduction [Assessment years 1990-91 to 1993-94] [In favour of assessee] Austin Engg. Co. Ltd. v. Jt. CIT [2009] 312 ITR 70 /223 CTR (Guj.) 405 Merely because subsequently the Apex Court pronounced the law to be otherwise, on the date of the filing of the return of the income when the assessee made a claim for deduction, the claim could be termed to be neither lacking in material particulars nor could be termed to be untrue so as to justify reopening of assessment on basis of Apex Court decision after expiry of four years from relevant assessment year. It would be a case of change of opinion by the Assessing Officer and not a case of any failure on the part of the assessee. In such a case even if one proceeded on a footing that the Apex Court constituted information within section 147(b) yet if the period of four years had expired, unless and until the prerequisite conditions stipulated by the proviso to section 147 were shown to be fulfilled, no action could be initiated for reassessment. S.N. Soparkar and Varun Patel for the Petitioner. Ms. M.M. Bhatt for the Respondent. JUDGMENT 1 D.A. Mehta, J. - In each of these petitions, the parties are common and the challenge is to notice dated May 10, 2000, issued by the respondent under section 148 of the Income-tax Act, 1961 ("the Act"). The parties are ad idem that the facts and contentions in all material particulars remain identical in each of the petitions. Hence, the petitions are taken up for hearing together and disposed of by this common . 2. The facts, as are obtained in Special Civil Application No. 12050 of 2000, are…

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