2019 (3) TMI 8 - AT - Income Tax

Reopening of assessment - Addition allowing the deduction u/s 54 being long term capital gain - change of opinion - HELD THAT - In the instant case, AO opened the proceedings on the basis of same facts which have already been considered by the assessing officer while passing the original assessment order u/s 143(3). Therefore question arose as to whether the Assessing officer can reassess the facts and materials which were the subject matter of the original assessment. C.I.T. vs. Kelvinator (I) Ltd. 2010 (1) TMI 11 - SUPREME COURT OF INDIA while dealing with identical issue has held that the assessment cannot be re-opened u/s.147 on the basis of same facts and materials (and no more) disclosed at the time of original assessment made under section 143(3) by mere change of opinion. In view of dictum in CIT vs. Kelvinator of India Ltd as the opening of assessment is based upon mere change of opinion, hence the assessment order is liable to be quashed on this ground alone, therefore we do not have any hesitation to quash the assessment order and consequently the impugned order is set aside. - Decided in favour of assessee.

Summary

Issues:
- Reopening of assessment u/s 147 of the Income Tax Act, 1961
- Validity of addition of long term capital gain
- Failure to disclose fully and truly the cost price of the alleged agriculture land
- Application of section 147 and relevant legal provisions

Reopening of Assessment u/s 147:
The appellant challenged the reopening of assessment u/s 147, arguing that the Assessing Officer cannot reassess facts and materials already considered during the original assessment. Citing the case of C.I.T. vs. Kelvinator (I) Ltd., it was emphasized that reassessment cannot be based on the same facts and materials disclosed during the original assessment. The Delhi High Court's ruling in CIT vs. Kelvinator of India Ltd. further supported this stance, stating that reassessment cannot be initiated solely on a change of opinion. Consequently, the assessment order was quashed on the grounds of a mere change of opinion, leading to the set aside of the impugned order.

Validity of Addition of Long Term Capital Gain:
The appellant contested the addition of long term capital gain, asserting that the Assessing Officer failed to disclose the exact material and relied on record information without providing specific details. The appellant argued that the assessment was erroneous as it did not fully consider the cost price of the agriculture land in question. The Assessing Officer's reasons for reassessment were scrutinized, highlighting discrepancies in the computation of long term capital loss. Ultimately, the Tribunal found the assessment order to be flawed, primarily due to the lack of transparency in disclosing the material and the failure to accurately assess the cost price of the land.

Failure to Disclose Cost Price of Agriculture Land:
The appellant raised concerns regarding the failure to disclose the full and true cost price of the alleged agriculture land, leading to an inaccurate assessment of taxable income. The Assessing Officer's observations indicated a significant discrepancy in the disclosed purchase cost price and the actual value of the land, resulting in an alleged escape of assessment. The Tribunal noted the importance of full disclosure of material facts for a valid assessment, emphasizing the need for transparency and accuracy in determining the taxable income.

Application of Section 147 and Relevant Legal Provisions:
The Tribunal delved into the legal provisions of section 147, emphasizing the Assessing Officer's authority to reassess income chargeable to tax if there is a belief that income has escaped assessment. The Tribunal highlighted the necessity for the Assessing Officer to have bona fide reasons based on relevant material to initiate reassessment. Citing legal precedents and interpretations, the Tribunal underscored the requirement for a valid reason to believe that income has escaped assessment, cautioning against reassessment based solely on a change of opinion. Ultimately, the Tribunal quashed the assessment order on legal grounds, ensuring adherence to the principles governing reassessment procedures.

In conclusion, the Tribunal allowed the appeal, setting aside the impugned order based on the flawed reassessment process and the lack of transparency in assessing the long term capital gain. The detailed analysis of the issues surrounding the reopening of assessment, validity of the addition of long term capital gain, failure to disclose the cost price of the agriculture land, and the application of relevant legal provisions underscored the Tribunal's decision to quash the assessment order.