2017 (10) TMI 1273 - HC - Income Tax

Reopening of assessment - expenses on films/Tapes of TV serials allowability - change in opinion - Held that - As full facts relating to debited expenses on account of expenses on films/Tapes of TV serials were available before the A.O. at the time of framing the original assessment order. All other material facts were already disclosed fully and truly necessary for the said assessment were also available and considered by the A.O. originally. On the basis of the same facts and figures which were considered and one possible view has been taken the same A.O. or his successor A.O. cannot take a different view as it would amount to a change in opinion which is not permitted in law even after 1.4.1989 and even after considering the decisions of Hon ble Apex Court in Commissioner of Income Tax, Delhi vs. Kelvinator of India Ltd. (2010 (1) TMI 11 - SUPREME COURT OF INDIA ) rendered in this regard. In our considered opinion the primary facts necessary for the assessee were fully and truly disclosed by the assessee so the A.O. is not entitled to change opinion to commence proceedings for reassessment. - Decided against revenue

Summary

Issues:
1. Validity of reassessment for AY 2004-05 under Section 147/148.

Analysis:
The High Court considered the question of law raised by the Revenue regarding the ITAT's cancellation of the reassessment made for AY 2004-05. The regular assessment had been completed under Section 143(3) on a specific date. Subsequently, the assessment was reopened, and a notice under Section 147/148 was issued. The assessee objected to the reopening but failed to convince the lower authorities. However, the ITAT concluded that the reasons recorded in support of the reassessment were not sustainable. The ITAT's decision was based on the judgment in Commissioner of Income Tax, Delhi vs. Kelvinator of India Ltd. (2010) 320 ITR 561 (SC).

The ITAT's discussion on the validity of the reopening centered around the reasons recorded for the reassessment. The ITAT carefully considered the submissions and evidence on record. The reasons for reopening highlighted an incorrect allowance of capital expenditure during the assessment proceedings. The ITAT observed that all material facts, including expenses on films/tapes of TV serials, were fully disclosed before the Assessing Officer during the original assessment. It emphasized that the same facts and figures considered during the original assessment could not be a basis for a different view by the Assessing Officer or successor, as it would amount to a change in opinion not permitted by law. The ITAT concluded that the grounds for reopening amounted to a mere change of opinion, which was impermissible. Citing the precedent in CIT Vs. Kelvinator of India Ltd., the ITAT held the reassessment as ab initio void and allowed the appeal on this legal ground, without the need to decide on the merits.

The High Court acknowledged the ITAT's application of the ruling in Kelvinator (supra) as correct, leading to the dismissal of the appeal. It was determined that no substantial question of law arose in light of the clear precedent applied by the ITAT. Thus, the High Court upheld the decision to dismiss the appeal based on the correct application of legal principles and precedents.