2017 (5) TMI 217 - AT - Income Tax

Reopening of assessment - as per the TDS certificate dated 29.5.2003 issued by ONGC at ₹ 15,64,92,615/- should be considered and the figure on which earlier assessment has been framed is not correct - Held that - From the perusal of the said TDS certificate and details of the payment mentioned therein, we find that there is one payment of ₹ 4,64,73,960/- has been mentioned to be relating to 31.03.2002, i.e., pertaining to A.Y. 2002-03. This amount as pointed out by the Ld. Sr. Counsel, stands assessed by the Assessing Officer in the A.Y. 2002-03 in the order passed u/s 143(3) dated 18.10.2004. Once, the amount outstanding as on 31.3.2002 as mentioned in the TDS certificate has been taxed in the A.Y. 2002-03, then there remains no basis for holding that this amount has been left to be taxed in the A.Y. 2003-04 at the time of passing of the original assessment order. Thus, on this ground alone, we find that there cannot be any reason to believe for reopening the assessment u/s 147 and taxing the additional revenue which already stands assessed and taxed in the earlier assessment year. Accordingly, the ground raised by the revenue is dismissed.

Summary

Issues:
1. Whether there was an escapement of income after passing order u/s 154.
2. Whether the Assessing Officer had reasons to believe that income had escaped assessment.
3. Validity of reopening the assessment and passing reassessment order.

Analysis:

Issue 1:
The revenue filed an appeal against the order passed by the ld. CIT (Appeals)-II, Dehradun for the A.Y. 2003-04, claiming that there was an escapement of income of ?19,14,583 even after passing an order u/s 154. The revenue contended that the actual receipts of the assessee were ?15,64,92,615, which was more than what was initially declared. The Assessing Officer had determined the income of the assessee at ?1,42,40,000 initially, but upon further verification, it was found that the revenue earned by the assessee was higher. The case was reopened under section 147 based on this discrepancy.

Issue 2:
The Assessing Officer had reopened the assessment u/s 147 based on the belief that income had escaped assessment. However, the ld. CIT (Appeals) held that there was no valid reason to believe that income had escaped assessment. The CIT (Appeals) pointed out that the Assessing Officer had already accepted the higher figure of revenue received from ONGC in the order passed u/s 154. The reopening and reassessment order were deemed invalid by the CIT (Appeals) due to lack of proper reasons to believe that income had escaped assessment.

Issue 3:
The assessee argued that the TDS certificate issued by ONGC included receipts pertaining to an earlier assessment year, which had already been taxed by the Assessing Officer in a previous order. The assessee contended that there was no basis for including the same income again in the assessment year 2003-04. The Tribunal found merit in the assessee's argument and dismissed the revenue's ground for reopening the assessment. The Tribunal concluded that there was no valid reason to believe that the income had escaped assessment, especially considering that the disputed amount had already been assessed and taxed in a prior assessment year.

In conclusion, the Tribunal upheld the decision of the ld. CIT (Appeals) and dismissed the revenue's appeal, emphasizing that there was no valid reason to reopen the assessment and tax the additional revenue that had already been assessed and taxed in a previous year.