2016 (3) TMI 1371 - AT - Income Tax

Re-opening of assessment u/s 147 - basis of information received from State Bank of Surat about non-deduction of TDS - HELD THAT - There is no details given by AO as to which the fact or material was not disclosed by the assessee which lead to escape assessment. Merely referring a bald assertion that I have reason to believe that it is a failure of assessee part or not to add back the amount of ₹ 58,94,437/- to the total income u/s. 40(a)(ia) of the Act is not sufficient to frame notice for re-opening concluded assessment beyond the four years. Thus the notice (impugned notice u/s. 48 is bad in law) and does not qualify a sustainable notice under the scrutiny of law, hence, the legal ground raised by the assessee is allowed and the re-opening of assessment is declared as invalid. Disallowance on expenditure u/s. 14A and interest levied u/s 234D of Act. As we have already concluded that reopening of assessment is invalid, hence, the disallowances or additions or consequential interest made in the re-assessment order are became academic.

Summary

Issues:
1. Validity of re-opening of assessment by the Assessing Officer after four years.
2. Disallowance of expenses under Section 14A for computing book profit.
3. Levying of interest under Section 234D of the Income Tax Act.

Issue 1: Validity of Re-opening of Assessment
In ITA No. 2194/Mum/2013, the main contention was the validity of re-opening the assessment after four years. The Assessing Officer re-opened the assessment based on specific information regarding non-deduction of TDS on MICR charges and payments to a caterer. The assessee argued that there was no failure on their part to disclose all material facts. The CIT(A) confirmed the re-opening, leading to disallowances and interest levied in the re-assessment. The assessee challenged this, citing legal grounds and case law. The High Court emphasized the importance of fully disclosing material facts for a valid re-opening. The absence of specific undisclosed facts in the re-opening notice rendered it invalid. Therefore, the re-opening of assessment was deemed invalid.

Issue 2: Disallowance under Section 14A
Regarding the disallowance of expenses under Section 14A for computing book profit, the decision on the validity of re-opening rendered this issue academic. Since the re-assessment was declared invalid, any disallowances or additions made in that order became irrelevant.

Issue 3: Interest Levied under Section 234D
Similarly, the issue of interest levied under Section 234D was also addressed in light of the invalid re-opening of assessment. The conclusion that the re-assessment was invalid made any consequential interest levied in that order inconsequential.

In conclusion, the appeal filed by the assessee was allowed, and the appeal of the revenue was dismissed. The re-opening of assessment was declared invalid, rendering subsequent disallowances and interest levied in the re-assessment moot. The judgment highlighted the necessity of fully disclosing material facts for a valid re-opening of assessment, as established by relevant case law.