2013 (1) TMI 815 - AT - Income Tax

Summary

Issues Involved:
1. Validity of reopening of the assessment u/s 147.
2. Merit of various additions/disallowances.

Summary:

1. Validity of Reopening of the Assessment u/s 147:

Both appeals are filed by the assessee against the orders of Ld. CIT(A) VIII, Ahmedabad for the assessment years 2002-03 and 2003-04. The primary issue is the validity of reopening of the assessment u/s 147. The assessee contended that the reopening was unjustified as the original assessment order had merged with the orders of Ld. CIT(A) and the tribunal. The assessee relied on the judgment of Hon'ble Gujarat High Court in CIT Vs Nirma Chemicals Works P. Ltd. and the judgment of Hon'ble Apex Court in Kelvinator (India) Ltd., arguing that the reopening was based on a mere change of opinion and no new facts were brought on record by the A.O.

The Ld. D.R. supported the reopening, stating it was based on subsequent amendments and judgments. However, the tribunal found that except for the DEPB receipt objection, the A.O. did not refer to any amendments or judgments. The tribunal noted that the original assessment for 2003-04 was completed after the Taxation Laws Amendment Act 2005, and for 2002-03, the amendment was not properly considered by the A.O. The tribunal concluded that the reopening was based on a mere change of opinion and was not valid, following the judgment of Hon'ble Apex Court in Kelvinator (India) Ltd.

2. Merit of Various Additions/Disallowances:

Since the tribunal held that the reopening was invalid, the other grounds raised by the assessee regarding the merit of various additions/disallowances became infructuous and did not require adjudication.

Conclusion:

In the result, both appeals of the assessee were allowed, and the order was pronounced in the open court.