"3. Before us, a legal plea has been raised by way of additional ground that the already completed assessment under Section 143 (3) of the Act has been re-opened in this case after a lapse of four years although the conditions mentioned in Section 147 are not satisfied. Therefore, the re-assessment proceedings become invalid and consequently, the reassessment itself becomes invalid. Since this additional ground is purely a legal ground requiring no further investigation of facts, we are admitting the same. This ground being of utmost importance and going to the very root of the matter, first of all, because we were convinced that after a lapse of four years, without there being any fresh material coming to the notice of the assessing officer, action under section 147 cannot be initiated, in view of the decision of the Honourable Apex Court in Civil Appeal Nos. 2009-2011 of 2003 with Civil Appeal No. 2520 of 2008 int he case of CIT vs. M/s. Kelvinator of India Limited. It was found for a fact that no fresh material was either found by the Assessing Officer or was brought on the record and whatever decision was taken on the basis of available records at the time of original assessment only these materials were available before him during re-assessment proceedings as well. Any change of opinion, which is not permitted in law, particularly after a lapse of four years from the date of original assessment. Undeniably, the notice for re-assessment was issued after a lapse of four years to the assessee and there being no fresh material in his possession, he is debarred from initiating re-assessment proceedings. Consequently, we hold that the re-assessment proceedings are null and void ab initio. Accordingly, the re-assessment order itself becomes non actionable and, therefore, we quash the same. As a result, the assessee succeeds on this legal issue. Having decided the legal issue as above, there is no need to address the issues raised on merits."
