2011 (10) TMI 229 - HC - Income Tax

Re-assessment beyond a period of four years - assessee had made a claim of depreciation on account of an ETP system - a notice under Section 133(6) and third party clarified that (i) No ETP was supplied at all; (ii) No invoice or bill had been issued or raised for the supply of the ETP; and (iii) No payments have been received from the assessee. - Shall be deemed to be valid ground for opening of assessment. - Decided against assessee.

Summary

Issues:
Reopening of assessment for Assessment Year 2004-05 based on alleged discrepancies in depreciation claims and purchase of assets.

Analysis:
1. The assessment for Assessment Year 2004-05 was sought to be reopened by a notice issued under Section 148(1) of the Income Tax Act 1961. The Assessing Officer had disallowed a portion of depreciation claimed by the assessee on fixed assets, leading to a loss declaration of Rs. 2.10 Crores. The CIT (Appeals) later held that the depreciation disallowance was unwarranted as the assets were shown to be in use based on bills of purchase provided by the assessee. However, discrepancies arose during the assessment for 2008-09 regarding a claim of depreciation on an Effluent Treatment Plant (ETP) system, where the vendor denied any transaction. This discrepancy led to the reopening of the 2004-05 assessment.

2. The jurisdictional conditions for reopening an assessment beyond four years require a failure to disclose all material facts. The petitioner argued that no specific information indicated fabrication of bills for 2004-05 and that the reopening aimed to circumvent the CIT (Appeals) order. On the contrary, the Revenue contended that the assessee produced fabricated bills for the ETP system in 2008-09, justifying the reopening based on a failure to fully disclose material facts.

3. The judgment emphasized the stricter requirements for reopening assessments beyond four years, necessitating a failure to disclose all material facts. The material gathered during the 2008-09 assessment, where the ETP system purchase was found to be bogus, provided tangible grounds for reopening the 2004-05 assessment. Citing precedent, the court held that the Assessing Officer had valid reasons to believe income had escaped assessment, justifying the reopening.

4. The court dismissed the petition, clarifying that the assessment for 2004-05 would proceed lawfully without determining the merits of the issues raised. The judgment underscored the importance of adhering to legal procedures and the need for full disclosure of material facts in assessments, especially when discrepancies arise in subsequent assessments.

This detailed analysis of the judgment highlights the key issues, arguments presented by both parties, legal principles applied, and the court's decision, providing a comprehensive understanding of the case.