2007 (8) TMI 325 - HC - Income Tax

Deduction claimed u/s 80I allowed but on investigation AO found that the milk plant reflected by the assessee in the balance-sheet was actually constructed by the Punjab Dairy and not by assessee - some facts had come to the notice of the AO subsequent to the framing of the assessment - prima facie belief of AO that the income of the assessee had escaped assessment was justified - assumption of jurisdiction u/s 147 by the AO is valid - Tribunal is correct in holding that the notice issued u/s 148 for reopening the assessment already completed does not amount to change of opinion as claimed by the assessee

Summary

Issues:
1. Validity of assumption of jurisdiction under section 147 of the Income-tax Act.
2. Legality of notice issued under section 148 for reopening assessment.
3. Correctness of disallowing deduction under section 80-I of the Act.
4. Whether the orders dated December 12, 2005, and November 3, 2000, are legally sustainable.

Validity of assumption of jurisdiction under section 147 of the Income-tax Act:
The appellant challenged the order of the Income-tax Appellate Tribunal, Chandigarh Bench-A, regarding the assessment year 1994-95. The primary issue was whether the assumption of jurisdiction under section 147 of the Act by the Assessing Officer was valid. The appellant filed its return for the assessment year 1994-95, claiming a deduction under section 80-I of the Act. The Assessing Officer disallowed the claim and issued a notice under section 148 for reassessment. The Commissioner of Income-tax (Appeals) held the reassessment proceedings illegal, but the Tribunal set aside this decision. The Tribunal found that the reopening of the assessment was based on new facts discovered during the assessment for the subsequent year. The Tribunal concluded that the reassessment was not a mere change of opinion but based on substantial new information, justifying the assumption of jurisdiction under section 147.

Legality of notice issued under section 148 for reopening assessment:
The appellant argued that the notice issued under section 148 for reopening the assessment was based on a mere change of opinion, as the deduction under section 80-I had been allowed during the original assessment. However, the Tribunal found that during the assessment for the subsequent year, new facts came to light regarding the construction of a plant claimed for deduction. The Tribunal determined that the reassessment was not solely a change of opinion but was supported by new evidence gathered during the assessment for the following year. The Tribunal's decision emphasized that the reassessment was not arbitrary but based on substantial findings made during the investigation.

Correctness of disallowing deduction under section 80-I of the Act:
The appellant contended that the disallowance of the deduction under section 80-I was unjustified, based on presumptions and surmises. The Tribunal, however, noted that the Assessing Officer had discovered new information during the assessment for the subsequent year, revealing discrepancies in the claim made by the appellant. The Tribunal found that the reassessment was not merely a difference of opinion but was supported by concrete evidence indicating that income had indeed escaped assessment. The Tribunal concluded that the initiation of reassessment proceedings was valid and not solely based on a change of opinion, as claimed by the appellant.

Legally sustainable orders dated December 12, 2005, and November 3, 2000:
The court dismissed the appeal by the appellant, finding no substantial question of law to consider. The Tribunal's decision to restore the matter for further assessment was upheld, emphasizing that the reassessment was not arbitrary but based on new facts discovered during subsequent investigations. The court concluded that the initiation of reassessment proceedings was justified and not a mere change of opinion. Therefore, the orders dated December 12, 2005, and November 3, 2000, were deemed legally sustainable, and the appeal was dismissed.