2014 (9) TMI 938 - AT - Income Tax

Validity of reopening of assessment - issuance of notice of reopening u/s.147 by a successor officer on the basis of satisfaction recorded by his predecessor - Held that - It is not disputed by the Revenue that in the earlier year the claim of the assessee was allowed under the scrutiny assessment. It is settled proposition of law that ordinarily revenue expenditure which is incurred wholly and exclusively for the purpose of business must be allowed in its entirety in the year in which it is incurred. It cannot be spread over a number of years even if the assessee has written it off in his books over a period of years. However the facts may justify an assessee who has incurred expenditure in a particular year to spread and claim it over a period of ensuing years. In fact allowing the entire expenditure in one year might give a very distorted picture of the profits of a particular year. In the case in hand the AO in the earlier years had examined as well in this year this aspect therefore we are of the considered view that on this ground re-opening is not justified. - Decided against Revenue.

Summary

Issues Involved:
1. Challenge to separate orders of the Ld. Commissioner of Income Tax(Appeals) for AYs 2002-03 & 2004-05.
2. Revenue's appeal in ITA No.3017/Ahd/2010 for AY 2002-03.
3. Assessee's appeal in ITA No.3056/Ahd/2010 for AY 2004-05.

Analysis:

1. Challenge to Separate Orders of the Ld. Commissioner of Income Tax(Appeals):
The judgment involves challenges by both the Revenue and the Assessee against the separate orders of the Ld. Commissioner of Income Tax(Appeals) for AYs 2002-03 & 2004-05. The Revenue's appeal in ITA No.3017/Ahd/2010 for AY 2002-03 raised grounds related to the quashing of proceedings initiated u/s.147 of the Act. However, the appeal was rejected due to procedural defects. On the other hand, the Assessee's appeal in ITA No.3056/Ahd/2010 for AY 2004-05 contested the reopening of assessment u/s.147, disallowance of amortization expenses, and the carried forward of losses to the next year. The Assessee's appeal was allowed, directing the AO to delete the addition made in respect of deferred expenditure.

2. Revenue's Appeal for AY 2002-03:
The Revenue's appeal for AY 2002-03 was dismissed due to procedural defects as the Revenue failed to rectify the defects despite being directed to do so. The grounds raised by the Revenue included contentions about the initiation of proceedings u/s.147 of the Act and the issuance of notice u/s.148 by different officers. The judgment highlighted the failure of the Revenue to comply with procedural requirements, resulting in the dismissal of the appeal.

3. Assessee's Appeal for AY 2004-05:
The Assessee's appeal for AY 2004-05 challenged the reopening of assessment u/s.147, disallowance of amortization expenses, and the carried forward of losses. The Assessee contended that the deferred expenditure claimed should not have been disallowed, citing previous acceptance by the Revenue in earlier years. The judgment emphasized that revenue expenditure incurred for business purposes should generally be allowed entirely in the year incurred unless facts justify spreading it over subsequent years. The Assessee's appeal was allowed, directing the AO to delete the addition made in respect of deferred expenditure.

In conclusion, the judgment addressed challenges to separate orders of the Ld. Commissioner of Income Tax(Appeals) for AYs 2002-03 & 2004-05, with the Revenue's appeal for AY 2002-03 being dismissed due to procedural defects and the Assessee's appeal for AY 2004-05 being allowed concerning the disallowance of deferred expenditure.