2014 (4) TMI 1309 - HC - Income Tax

Validity of Reassessment order made u/s. 143(3) r.w.s. 147 based on the subsequent decision of the Supreme Court - Deduction u/s 80IB wrongly been allowed - whether Tribunal was right in quashing the assessment passed u/s.147? HELD THAT - A reading of the order revising the assessment by the Assessing Officer which was subject matter of appeal before the Commissioner of Income Tax (Appeals) and Income Tax Appellate Tribunal show that it sought to revise the first order passed which got merged with the order of the Tribunal which had attained finality. Thus, if the Revenue is questioning the quantum of relief granted to the assessee, the order available for revision would be the order dated 18.05.2005. When this is not subjected to any revision under Section 147 of the Act, we fail to understand how Revenue would be justified in sustaining its plea on its jurisdiction to revise the order under Section 147 of the Act. On this sole ground, we dismiss the Tax Case (Appeal) filed by the Revenue.

Summary

Issues:
1. Validity of reassessment order based on subsequent Supreme Court decision
2. Quashing of assessment passed under Section 147 of the Act

Analysis:

Issue 1: Validity of reassessment order based on subsequent Supreme Court decision
The case involved the assessment year 2001-02 where the assessee claimed deduction under Section 80IB of the Income Tax Act. Initially, the deduction was disallowed in the assessment under Section 143(3) of the Act. However, the Commissioner of Income Tax (Appeals) allowed the deduction, which was upheld by the Income Tax Appellate Tribunal. Subsequently, the Assessing Officer sought to reopen the assessment under Section 148 based on a Supreme Court decision regarding carry forward unabsorbed depreciation. The Commissioner of Income Tax (Appeals) found the reassessment to be a review and not a failure to disclose material facts, thus allowing the appeal in favor of the assessee. The Income Tax Appellate Tribunal rejected the Revenue's appeal, citing precedents and upheld the decision. The High Court dismissed the Revenue's appeal, emphasizing that the order subject to revision should be the one granting relief to the assessee, not the original assessment order.

Issue 2: Quashing of assessment passed under Section 147 of the Act
The High Court highlighted that the revision of the assessment by the Assessing Officer was based on the original order passed in 2003, which had already been appealed and attained finality. The subsequent revision order was challenged by the Revenue, questioning the relief granted to the assessee. However, the High Court noted that if any revision was warranted, it should have been directed at the order granting relief, not the original assessment order. As the Revenue failed to justify the revision under Section 147 of the Act concerning the order dated 18.05.2005, the High Court dismissed the Tax Case (Appeal) filed by the Revenue, without costs.

In conclusion, the High Court upheld the decisions of the lower authorities, emphasizing the importance of revising the correct order and not reopening assessments that had already been finalized.