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2021 (4) TMI 723 - AT - Income TaxValidity of reopening of assessment u/s 147 - eligibility of reasons to believe - reopening notice was admittedly issued beyond 4 years but within 6 years from the end of the relevant assessment year - HELD THAT - From the reasons recorded it could be seen that there is absolutely no mention of any failure on the part of the assessee in disclosing fully and truly all material facts necessary for the assessment during the original assessment proceedings. Admittedly the original assessment proceedings were completed u/s 143(3) of the Act on 26.11.2009. We find that the law is now very well settled that the reasons recorded by the ld AO for reopening the assessment should duly mention the failure, if any, on the part of the assessee in disclosing full and true information relevant for the assessment if the reopening is made beyond 4 years from the end of the relevant assessment year; and that the reasons recorded cannot be substituted at a later point in time by subsequent evidences by the ld AO and that the reasons recorded should speak by itself and duly express the clear mind of the ld AO which enabled him to frame an opinion that income of the assessee had escaped assessment within the meaning of section 147. As relying on HINDUSTAN LEVER LTD. 2004 (2) TMI 41 - BOMBAY HIGH COURT we have no hesitation in holding that the reopening of assessment made for the Asst Year 2007-08 is to be declared void abinitio and is hereby quashed. - Decided in favour of assessee.
Issues:
Challenging the validity of reopening of assessment for the Asst Year 2007-08 u/s 147 of the Act. Analysis: The Appellate Tribunal considered the challenge raised by the assessee regarding the validity of reopening the assessment for the Asst Year 2007-08 under section 147 of the Income Tax Act, 1961. The Tribunal reviewed the reasons recorded by the ld AO for the reopening, which highlighted discrepancies in the accounting practices of the assessee company related to unearned revenue and failure to deduct tax on payments to a foreign company. The Tribunal emphasized the importance of the ld AO mentioning any failure on the part of the assessee in disclosing material facts during the original assessment proceedings, especially when reopening assessments beyond 4 years. Citing a relevant decision of the Hon'ble Jurisdictional High Court, the Tribunal concluded that the reasons recorded must be clear, unambiguous, and based on evidence, without room for later additions or substitutions. The Tribunal found the reopening beyond the prescribed period and lacking mention of failure to disclose material facts, leading to the quashing of the reopening of assessment for the Asst Year 2007-08. The Tribunal's decision was influenced by the proviso to section 147 of the Act, which restricts actions after four years from the end of the relevant assessment year unless income has escaped assessment due to the assessee's failure to disclose material facts. The Tribunal highlighted the need for the ld AO to justify the reasons recorded based on available evidence, ensuring a clear link between the reasons and the assessment process. By emphasizing the importance of the ld AO's clear opinion and proper documentation of reasons, the Tribunal established a precedent for preventing arbitrary reopening of concluded assessments. The decision to quash the notice was based on the assessment being beyond the four-year limit and failing to meet the requirements of the proviso to section 147, thus declaring the reopening void abinitio. In conclusion, the Appellate Tribunal allowed the assessee's appeal and dismissed the revenue's appeal, citing the invalidity of the reopening of assessment for the Asst Year 2007-08. The Tribunal's decision was grounded in the legal requirements outlined in the Income Tax Act and supported by relevant judicial precedents, ensuring the protection of the assessee's rights in the assessment process.
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