2017 (6) TMI 555 - HC - Income Tax

Reopening of assessment - excess deduction by the Assessing Officer during the original assessment and non disallowance of expenditure paid to a foreign company without deducting tax at source - Held that - With respect to the first ground, the Assessing Officer himself in the reasons had recorded that it was on verification of records that the said ground that they imparted, clearly eliminating any possibility of the assessee having not disclosed true facts. Perusal of the reasons would further show that if at all it was an error of the Assessing Officer to have granted larger relief than what was available to the assessee. On the second ground of payment without deducting tax at source, there is nothing to suggest that there was any failure on the part of the assessee to disclose truly and fully all material facts. - Decided in favour of assessee.

Summary

Issues:
Challenge to the judgment of the Income Tax Appellate Tribunal regarding the quashing of the notice issued under section 148 of the Income Tax Act for reopening of assessment.

Analysis:
The main issue in this case revolved around the reopening of the assessment by the Assessing Officer beyond the four-year period from the end of the relevant assessment year. The Assessing Officer sought to reopen the assessment due to discrepancies in the depreciation allowance and non-deduction of tax at the source on certain expenditures. The Tribunal, however, upheld the decision of the Commissioner of Income Tax (Appeals) and dismissed the Revenue's appeal, emphasizing the requirement of the assessee's failure to disclose all material facts for the reassessment under section 147 of the Income Tax Act.

The Tribunal highlighted the proviso appended to section 147, which restricts the Assessing Officer's power to issue a notice under section 148 if the original assessment was conducted under section 143(3) and four years have elapsed. The Tribunal noted that the Assessing Officer did not allege any failure on the part of the assessee to disclose material facts, thereby affirming the decision of the Commissioner of Income Tax (Appeals) and rejecting the Revenue's appeal.

Upon reviewing the reasons provided by the Assessing Officer for reopening the assessment, the Court found no error in the Tribunal's decision. The Court observed that the grounds cited by the Assessing Officer did not indicate any failure on the part of the assessee to disclose relevant facts. The discrepancies identified by the Assessing Officer, such as excess deduction and non-deduction of tax at the source, did not point towards any non-disclosure of material facts by the assessee. Therefore, the Court upheld the Tribunal's decision and dismissed the Tax Appeal filed by the Revenue challenging the quashing of the notice under section 148 for reopening of assessment.