2020 (11) TMI 450 - AT - Income Tax

Reopening of assessment - assessee has claimed excess allowance of deduction under section 36(1) (viia) and under section 36(1) (viii) - internal auditors has raised objections on the method of calculation adopted by the assessee to claim deduction under section 36(1) - reopening proceedings are initiated by the assessing officer after 4 years from the end of assessment year - HELD THAT - We noticed that the assessee has submitted all the relevant information during the original assessment proceedings and the same was verified by the assessing officer in the original assessments and completed the assessment. As relying on M/S LATIN MANHARLAL SECURITIES P LTD. 2016 (3) TMI 1390 - ITAT MUMBAI Reopening of the assessment was initiated based on the internal audit query and it may be a reasonable ground to reopen the assessment but all the relevant information required to reopen the assessment were already available on record and the original assessment was completed only after due verification by the then assessing officer and there is no new material brought on record by the present assessing officer. Since there is no new material available on record it will amounts to change of opinion/mind on the part of the AO - Assessment proceedings were reopened after 4 years from the date of end of relevant assessment year and assessing officer has not brought on record any material which suggests that assessee has failed to submit all the relevant information fully and truly at the time of filing the return of income or failed to substantiate any information at the time of original assessment. Ground raised by the assessee is accordingly allowed.

Issues Involved:
1. Validity of reassessment notice issued under Section 148 after the expiry of four years.
2. Failure to disclose fully and truly all material facts necessary for assessment.
3. Method of calculation for deduction under Section 36(1)(viii).
4. Rejection of the method of calculation adopted by the appellant for deduction under Section 36(1)(viii).

Issue-wise Detailed Analysis:

1. Validity of Reassessment Notice Issued Under Section 148:
The appellant argued that the reassessment notice dated 23.03.2016 issued under Section 148 was invalid as it was issued after four years from the end of the relevant assessment year (2009-10). The original assessment was completed on 21.11.2011 under Section 143(3), and there was no failure on the part of the appellant to disclose fully and truly all material facts necessary for its assessment. The Tribunal noted that the reassessment proceedings were initiated after four years and that the original assessment was based on the information available in the assessment records. The Tribunal found that the reopening was based on an internal audit objection without any new material on record, thus constituting a change of opinion, which is not permissible. Therefore, the reassessment notice was deemed invalid.

2. Failure to Disclose Fully and Truly All Material Facts:
The appellant contended that all relevant information for claiming the deduction under Section 36(1)(viii) was disclosed during the original assessment proceedings. The Tribunal observed that the assessing officer completed the original assessment based on the information submitted by the appellant. The reassessment was initiated without any new evidence to suggest that the appellant failed to disclose fully and truly all material facts. Consequently, the Tribunal concluded that there was no failure on the part of the appellant to disclose necessary facts, and thus, the reassessment was not justified.

3. Method of Calculation for Deduction Under Section 36(1)(viii):
The appellant argued that the issue raised for reassessment was highly debatable as it pertained to the method of calculation for deduction under Section 36(1)(viii). The Tribunal noted that the original assessing officer had accepted the appellant's method of calculation during the initial assessment. The reassessment was based on a different method of calculation adopted by the new assessing officer, which was considered a change of opinion. The Tribunal held that reassessment on such grounds was not permissible, especially when the original assessment was completed based on the same set of information.

4. Rejection of the Method of Calculation Adopted by the Appellant:
The appellant challenged the rejection of its method of calculation for deduction under Section 36(1)(viii). The Tribunal found that the appellant had rightly adopted the interest on long-term advances for the deduction, while the assessing officer erroneously considered total revenue. The Tribunal observed that the reassessment was initiated based on an internal audit objection without any new material evidence. It concluded that the reassessment amounted to a change of opinion, which is not permissible under the law. Therefore, the Tribunal allowed the appellant's method of calculation.

Conclusion:
The Tribunal allowed the appeal filed by the appellant, concluding that the reassessment notice issued under Section 148 was invalid as it was issued after four years without any new material evidence. The Tribunal found that the appellant had disclosed all relevant information fully and truly during the original assessment, and the reassessment was based on a change of opinion, which is not permissible. Consequently, the reassessment proceedings were quashed, and the appeal was allowed in favor of the appellant.

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