Delhi High Court in Tupperware India (P) Ltd [2016] 65 taxmann.com 17 (Delhi)[10-08-2015] held that in absence of any tangible material available with Assessing Officer to form requisite belief regarding escapement of income, reassessment of return u/s 143(1) can not be done . It followed Orient Craft Ltd. [2013] 354 ITR 536 (Del) which pronounced that Rajesh Jhaveri Stock Brokers (P.) Ltd. [2007] 291 ITR 500 (SC) does not give a carte blanche to the Assessing Officer to disturb the finality of the intimation under section 143(1) and reopening in absence of new material is bad in law. In present case, AO after having processed the return u/s 143(1) took note of audit report which stated that since no tax deducted on management fee, expesnse is not allowable u/s 40(a)(ia). This fact earlier went unnoticed in processing of return. Comments: Delhi High Court has however not taken note of another Supreme Court Judgement in Zuari Estate on 17-04-2015, which has stated that since as per Rajesh Jhaveri (supra) intimation is not assessment, hence no opinion is formed by accepting return u/s 143(1) and there fore reopening in the absence of new material does not entail change of opinion and hence reopening is valid.