2016 (9) TMI 1140 - AT - Income Tax

Reopening of assessment - addition on account of low gp - Held that - In order to reopen the assessment, where the scrutiny assessment has already undertaken, even before the end of the four years, the AO should possess some fresh tangible material, which came to the possession of the AO after the conclusion of the assessment. A bare perusal of questionnaire and the particular question raised at serial no.11, it is of the view that the AO has already gone through all the material in the scrutiny assessment and no fresh material came to his possession. - Decided in favour of assessee

Summary

Issues:
1. Reopening of assessment
2. Addition on account of low GP

Reopening of Assessment:
The case involved an appeal before the Tribunal against the order of the Ld.CIT(A)-III regarding the reopening of assessment and addition on account of low GP. The AO had passed the assessment order under section 143(3) of the Act and later issued a notice under section 148 based on a belief that income had escaped taxation. The Tribunal considered whether the AO had sufficient material to reopen the assessment. The reasons provided by the AO highlighted a significant fall in sales, a rise in raw material and power/fuel consumption, and a decline in gross profit compared to the previous year. The AO made an addition on account of the fall in GP, leading to the dispute. The Tribunal analyzed the material available with the AO during the scrutiny assessment and concluded that no fresh tangible material came to his possession, supporting the contention of the assessee that the assessment was reopened on the basis of a change of opinion, which was not sustainable in law. Citing relevant legal precedents, the Tribunal allowed the appeal and quashed the reassessment order.

Addition on Account of Low GP:
The second substantial issue revolved around the addition made by the AO on account of low GP. The AO added a significant amount to the taxable income based on discrepancies in the financial data provided by the assessee. The Tribunal noted that the assessee had filed its return declaring total income at NIL, which was selected for scrutiny assessment. The AO's addition was primarily due to the inexplicable increase in raw material and power/fuel consumption, coupled with a sharp decline in sales and gross profit. The Tribunal observed that the expenses were not commensurate with the sales shown, and the assessee failed to provide sufficient evidence to justify the decline in GP. The Tribunal's decision to quash the reassessment order also impacted this issue, leading to the allowance of the assessee's appeal.

In conclusion, the Tribunal's judgment addressed the issues of reopening the assessment and the addition on account of low GP. The decision highlighted the importance of fresh tangible material for reopening an assessment, especially when the AO had already examined all available material during the scrutiny assessment. The Tribunal's analysis of the discrepancies in financial data and the lack of supporting evidence from the assessee resulted in the allowance of the appeal and the quashing of the reassessment order.