2025 (4) TMI 1302 - HC - Income Tax

Reopening of assessment u/s 147 - case re-opened after a period of four years - reasons to believe - HELD THAT - On a perusal of the reasons recorded which are reproduced above there is no allegation of any failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment. Even on a perusal of the reasons recorded the said pre-condition cannot be discerned with even in the absence of such allegation. Reasons are based on verification of the profit and loss account and the other relevant records. If that be so we fail to understand how the pre-condition specified in first proviso to Section 147 is satisfied. Therefore on this short ground itself the re-opening notice u/s 148 is required to be quashed and set aside. Eligibility of interest u/s 80P was a subject matter of investigation in the course of the regular assessment proceedings and same is evident of the original assessment order wherein the issue of deduction u/s 80P is discussed. Disallowance u/s 40(a)(ia) a query was raised by the Respondents in the course of the assessment proceedings vide notice dated 18.07.2016 and same was replied by the assessee vide letter dated 09.11.2016 wherein all the details with respect to the TDS were furnished. The details are also filed along with this Petition from page 125 to 135. Therefore on both these grounds i. e. deduction under Section 80P and disallowance for non-deduction of TDS the issue was examined during the course of the assessment proceedings and therefore any attempt to re-open the case would amount to re-opening on the basis of change of opinion and review of the earlier order passed u/s 143 (3) of the Act. This is not permissible under the Act which confers the power to re-open the case under Section 147 of the Act. Decided in favour of assessee.

Summary

The Bombay High Court, per Jitendra Jain, J., quashed the notice under Section 148 of the Income Tax Act dated 31.03.2021 for assessment year 2014-15, which sought to re-open a completed assessment under Section 143(3) dated 07.12.2016. The Court emphasized the first proviso to Section 147 requiring a "failure to disclose fully and truly all material facts necessary for the assessment" as a pre-condition for re-opening beyond four years. The recorded reasons did not allege such failure but were based on verification of profit and loss accounts and records, thus failing to satisfy the statutory pre-condition.Further, issues concerning eligibility for deduction under Section 80P and disallowance under Section 40(a)(ia) were already examined during the original assessment proceedings, as evidenced by the original order and correspondence. The Court held that re-opening on these grounds would amount to impermissible "change of opinion" or review of the earlier order, which Section 147 does not allow.Accordingly, the Court held: the impugned Section 148 notice was invalid and "is required to be quashed and set aside." The petition was disposed of with the rule made absolute.