2011 (5) TMI 1019 - AT - Income Tax

Summary

Issues involved:
The issues involved in the judgment are (1) Validity of reopening assessment u/s 148 of the Income Tax Act and (2) Disallowance of deduction u/s 80RR of the Income Tax Act.

Validity of Reopening Assessment u/s 148:
The appeal was filed against the order of CIT(A)-XI, Mumbai, challenging the initiation of reassessment proceedings u/s 148 of the Income Tax Act. The appellant contended that the conditions precedent for issuing the notice under section 148 did not exist. The case was reopened based on cash payment information to an artist, but it was found that the payment was for a different assessment year. The Assessing Officer disallowed a deduction u/s 80RR, which was challenged by the appellant. The Tribunal referred to a judgment regarding the validity of reopening assessments on different grounds and held that the addition made by the AO was not sustainable, thus deleting the same.

Disallowance of Deduction u/s 80RR:
The Assessing Officer disallowed a deduction u/s 80RR as the appellant did not exercise the profession for which the remittance was received. The appellant claimed the deduction based on foreign receipts, but since no shows were held despite receiving payment, the AO disallowed the deduction. The CIT(A) upheld the AO's decision. However, the Tribunal, following a relevant judgment, held that the disallowance was not sustainable and deleted the addition.

In conclusion, the Tribunal allowed the appeal of the assessee, holding that the addition made by the Assessing Officer was not sustainable based on the legal principles discussed in the judgment.