2020 (8) TMI 749 - AT - Income Tax

Reopening of assessment u/s 147 - deduction u/s 80IB denied - mandation of obtaining the approval of CIT under section 151 - case was re-opened after 4 year from the end of relevant Assessment Year - case was re-opened after 4 year from the end of relevant Assessment Year - plea of additional evidence - HELD THAT -Considering the facts that we have already accepted the plea of assessee on application for allowing for filing additional evidence. We affirms the view of CIT(A) that while obtaining the approval of CIT u/s 151 the assessing officer has clearly held that there was failure on the part of the assessee in disclosing fully and truly all the material facts. Hence, the grounds No. 1 to 3 is decided against the assessee. Deduction of various components of income under section 80IB - assessee in its application for admission of additional evidence has accepted that the interest income as a part of profit and other income as a part of profit derived by eligible undertaking was not before lower authorities and that the assessee could not file details of other income because these were old record and on account of merger of assessee with other group companies, records were not easily traceable, which we have accepted. No documentary evidences except the details of the chart is furnished before us, therefore, these grounds of appeal are restored back to the file of assessing officer to decide the issue afresh after verification of facts and evidences in accordance with law. The assessee is also directed to furnish the evidence to substantiate its claim. In the result these grounds of appeal are allowed for statistical purpose.

Issues Involved:
1. Validity of re-opening the assessment beyond four years.
2. Eligibility of flat cancellation receipts for deduction under section 80IB.
3. Eligibility of interest income for deduction under section 80IB.
4. Eligibility of bank charges recovered from customers, sundry creditors, and other balances written back for deduction under section 80IB.

Detailed Analysis:

1. Validity of Re-opening the Assessment Beyond Four Years:
The primary issue was whether the re-opening of the assessment beyond four years was valid. The assessee argued that the reasons for re-opening did not indicate any failure to disclose fully and truly all material facts at the time of the original assessment. The Tribunal noted that the original assessment was completed under section 143(3) on 22.12.2009, and the re-opening was initiated on 08.02.2014, which was beyond four years from the end of the relevant assessment year. The Tribunal upheld the re-opening, affirming the CIT(A)'s view that the Assessing Officer had recorded the failure of the assessee to disclose fully and truly all material facts while seeking approval from the Commissioner of Income Tax (CIT) under section 151.

2. Eligibility of Flat Cancellation Receipts for Deduction under Section 80IB:
The CIT(A) concluded that flat cancellation receipts were not eligible for deduction under section 80IB and directed the Assessing Officer to treat these receipts under the head "Income from Other Sources." The Tribunal did not provide a separate detailed discussion on this issue, indicating an agreement with the CIT(A)'s conclusion.

3. Eligibility of Interest Income for Deduction under Section 80IB:
The assessee contended that the CIT(A) erred in concluding that the interest income of ?21,20,487 was not eligible for deduction under section 80IB, instead of the net interest income of ?5,25,128. The Tribunal noted that the assessee had admitted that the details of the interest income were not provided to the lower authorities due to the merger of the assessee with other group companies, making records difficult to trace. Consequently, the Tribunal restored this issue to the file of the Assessing Officer to decide afresh after verification of facts and evidence.

4. Eligibility of Bank Charges Recovered from Customers, Sundry Creditors, and Other Balances Written Back for Deduction under Section 80IB:
The assessee also raised additional grounds contending that the CIT(A) erred in concluding that bank charges recovered from customers, sundry creditors, and other balances written back were not eligible for deduction under section 80IB. The Tribunal admitted additional evidence filed by the assessee, which included charts showing details of miscellaneous receipts from customers, bank charges, cancellation charges, and details of sundry creditors and other balances written off. The Tribunal restored this issue to the file of the Assessing Officer for examination and verification of the additional evidence and to pass the order afresh.

Conclusion:
The Tribunal partly allowed the appeal of the assessee. It upheld the re-opening of the assessment beyond four years, affirmed the CIT(A)'s decision on the ineligibility of flat cancellation receipts for deduction under section 80IB, and restored the issues regarding the eligibility of interest income and other miscellaneous receipts for deduction under section 80IB to the Assessing Officer for fresh consideration after verification of facts and evidence.

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