2010 (3) TMI 322 - HC - Income Tax

Reassessment- A notice of reassessment was issued in Feb, 2009 on the ground that the Assessing Officer had not specifically noticed that the assessee had set off the amount received on account of interest u/s 244A with the amount payable on account of interest u/s 220. held that-during the course of the assessment proceedings not merely was there a full disclosure by the assessee of the material fact that the interest income of Rs. 50.14 lakhs represented the difference between interest received u/s 244A and interest paid u/s 220 but, in addition the attention of the Assessing Officer was also specifically drawn to this aspect following his query. The notice of reassessment was not valid and was liable to be quashed.

Issues Involved:
1. Legality of the reopening of assessment under section 148 beyond four years.
2. Adequacy of disclosure by the assessee regarding interest income.
3. Applicability of section 40(a)(ii) concerning non-deductibility of taxes.

Issue-wise Detailed Analysis:

1. Legality of the reopening of assessment under section 148 beyond four years:
The primary issue in this case is whether the reopening of the assessment for the assessment year 2003-04, initiated by the Assistant Commissioner of Income-tax-II (2) on February 4, 2009, is legally valid, considering it was beyond the four-year period stipulated under section 148. The court noted that the reopening of an assessment beyond four years requires a failure on the part of the assessee to fully and truly disclose all material facts necessary for the assessment. The court concluded that the assessee had made a full and true disclosure of all material facts, specifically noting the interest income of Rs. 50.14 lakhs as representing interest received under section 244A, net of interest paid under section 220. Consequently, the condition precedent for reopening the assessment was not fulfilled, rendering the notice dated February 4, 2009, invalid.

2. Adequacy of disclosure by the assessee regarding interest income:
The court examined whether the assessee had adequately disclosed the interest income during the original assessment proceedings. The assessee had filed a return of income on December 1, 2003, disclosing an interest income of Rs. 4.91 crores and specifically noting that Rs. 50.14 lakhs represented interest received under section 244A, net of interest paid under section 220. The Assessing Officer had queried the interest income during the assessment proceedings, and the assessee had provided detailed responses, including the breakdown of the interest income. The court found that the assessee had fully disclosed the material facts necessary for the assessment, and there was no failure on the part of the assessee in this regard.

3. Applicability of section 40(a)(ii) concerning non-deductibility of taxes:
The Assessing Officer contended that the interest paid under section 220(2) amounting to Rs. 1,01,11,960 was not an admissible expenditure for deduction from the total income of the assessee, as per section 40(a)(ii) of the Income-tax Act. However, the court referred to the Supreme Court's judgment in Harshad Shantilal Mehta v. Custodian, which clarified that tax, penalty, and interest are distinct concepts under the Income-tax Act, and the definition of 'tax' under section 2(43) does not include penalty or interest. Therefore, the court concluded that the interest paid under section 220(2) could not be disallowed under section 40(a)(ii).

Conclusion:
The court held that the reopening of the assessment for the assessment year 2003-04 was not justified as the assessee had made a full and true disclosure of all material facts necessary for the assessment. The notice dated February 4, 2009, was set aside, and the rule was made absolute. There was no order as to costs.

← Previous Next →