2007 (12) TMI 169 - HC - Income Tax

Reopening of assessment - Held that - From the reasons recorded and the affidavit in reply filed on behalf of the Revenue it is seen that there are no reasons on the basis of which prima facie it can be said that income has escaped assessment. Although it is alleged that there is failure on the part of the assessee to disclose fully and truly all material facts in fact the reopening is based on the facts which are already on record. Therefore it cannot be said that the assessee has failed to disclose fully and truly all material facts. Thus the impugned notice cannot be sustained. W.P. allowed.

Summary

Issues Involved:
1. Validity of the notice issued under section 148 of the Income-tax Act, 1961.
2. Reopening of assessment based on alleged wrong computation of deduction under section 80HHC.
3. Reopening of assessment based on alleged excess depreciation allowed on building used for poultry business.

Issue-wise Detailed Analysis:

1. Validity of the notice issued under section 148 of the Income-tax Act, 1961:
The petitioner challenged the notice dated March 9, 2006, issued under section 148 of the Income-tax Act, 1961, seeking to reopen the assessment for the assessment year 2001-02. The court noted that the reopening was primarily based on two grounds: (i) alleged wrong computation of deduction under section 80HHC, and (ii) alleged excess depreciation allowed on buildings used for poultry business. The court observed that the reopening of the assessment was invoked within four years from the end of the relevant assessment year. The court also noted that the Revenue did not press the issue of excess depreciation, leaving only the computation of deduction under section 80HHC to be considered.

2. Reopening of assessment based on alleged wrong computation of deduction under section 80HHC:
The court examined the reasons recorded for reopening the assessment, which stated that the deduction under section 80HHC was wrongly computed due to negative profit, referencing the Supreme Court decision in IPCA Laboratory Ltd. [2004] 266 ITR 521. The court found that the Assessing Officer had admitted that the assessee had profits from both manufacturing and trading export activities, negating the claim of negative profit. The court concluded that the decision in IPCA Laboratory Ltd. did not apply as there was no loss from export activity to net against the profits. The court also addressed the Revenue's argument regarding section 80-IB(13) read with section 80-IA(9), finding it without merit because the goods manufactured in units eligible for section 80-IB deduction were not exported, making those provisions irrelevant to the computation of deduction under section 80HHC.

3. Reopening of assessment based on alleged excess depreciation allowed on building used for poultry business:
The court noted that the Revenue did not press this issue, and therefore, it was not considered further in the judgment.

Conclusion:
The court concluded that there were no valid reasons to believe that income had escaped assessment. The court emphasized that the reopening was based on facts already on record and that there was no failure by the assessee to disclose fully and truly all material facts. Consequently, the court quashed and set aside the impugned notice dated March 9, 2006, making the rule absolute in terms of prayer clause (a) of the petition, with no order as to costs. The writ petition was disposed of accordingly.