2017 (11) TMI 1560 - AT - Income Tax

Reopening of assessment - reason to believe - Held that - Assessing Officer is not justified in reopening the matter without bringing on record, any fresh tangible material or information more particularly when this aspect was considered by him at the time of assessment under section 143(3) of the Act. Even on merits also, disallowance of the prior period expenses is bad when the prior period income was assessed to tax and no deduction was claimed or allowed at the time when the provision was made. With this view of the matter, we delete the addition. Appeal of the assessee is allowed.

Summary

Issues:
1. Reopening of assessment without fresh tangible material or information.
2. Disallowance of set off of prior period income against prior period expenditure.
3. Interpretation of provisions related to rates and taxes under section 43B of the Income-tax Act.

Analysis:
1. The appeal challenged an order where the Commissioner of Income-tax (Appeals) dismissed the appeal on technical grounds and merits. The original return of income was completed under section 143(3) of the Income-tax Act, and the case was reopened without fresh tangible material or information. The Assessing Officer disallowed set off of prior period income against prior period expenditure, leading to an addition of &8377; 49,50,000. The assessee contended that the reopening without fresh material was impermissible. The Commissioner dismissed the contentions, prompting the appeal.

2. The authorized representative argued that the Assessing Officer lacked fresh tangible material to reopen the assessment, basing the decision on existing records. The representative cited legal precedents to support the argument that reopening without new material is impermissible. The records, including the computation of income and prior period adjustments, were available during the initial assessment under section 143(3) of the Act. Legal decisions were referenced to emphasize that disallowing prior period expenses without proper justification is unlawful.

3. The Tribunal found that the Assessing Officer unjustly reopened the assessment without new material, especially since the issue was previously considered. Disallowing prior period expenses when the prior period income was taxed without deduction during the provision was deemed inappropriate. Citing legal precedents, the Tribunal held that the addition of &8377; 49.50 lakhs was unwarranted and allowed the grounds of appeal, ultimately ruling in favor of the assessee. The decision was pronounced in open court on September 26, 2017.