2022 (11) TMI 846 - AT - Income Tax

Validity of reopening for the assessment framed u/s 147 - Reason to believe - HELD THAT - Admittedly, the AO on verification of the same set of documents which were available during the original proceedings formed reasons to believe that there is an escapement of income on account of excess remuneration allowed to the assessee. In view of the above, we hold that the proceedings initiated under section 147 of the Act are not sustainable and therefore liable to be quashed for the reasons discussed above. Hence, the assessee succeeds on technical count raised by it. See Fibers and Fabrics International (P.) Ltd. 2022 (4) TMI 1433 - SC ORDER - Decided in favour of assessee.

Summary

Issues:
1. Validity of reopening for the assessment framed under section 147 of the Act.

Analysis:
The first issue raised in the appeal pertains to the validity of reopening the assessment under section 147 of the Income Tax Act. The assessee contended that the reassessment was based on a change of opinion as all details regarding partner remuneration were provided during the original assessment under section 143(3) of the Act. The assessee argued that no fresh material was presented to warrant the reassessment. However, the Commissioner of Income Tax (Appeals) upheld the validity of the reopening, emphasizing that the excess remuneration claimed by the assessee had not been adequately substantiated during the original assessment proceedings. The Commissioner found that the AO had valid reasons to believe that income had escaped assessment due to the excess remuneration claimed. The Commissioner's decision was based on the AO's findings regarding the partnership deed and the lack of reliable documentation supporting the modifications claimed by the assessee.

The Tribunal considered the arguments presented by both parties and reviewed the case records. The Tribunal noted that the AO initiated proceedings under section 147 based on the same set of documents available during the original assessment. Citing a relevant judgment, the Tribunal highlighted that a reassessment cannot be solely based on a change of opinion without tangible new material. Drawing parallels with the legal precedent, the Tribunal concluded that the proceedings initiated under section 147 were not sustainable in this case. Consequently, the Tribunal ruled in favor of the assessee on the technical ground, leading to the appeal being partly allowed on this basis.

Given the success of the assessee on the technical count, the Tribunal deemed it unnecessary to provide a separate ruling on the merits of the grounds raised in the appeal memo. As a result, the grounds raised by the assessee on merit were considered moot and dismissed accordingly. Therefore, the appeal filed by the assessee was partly allowed based on the technical aspect, resulting in the quashing of the proceedings initiated under section 147 of the Act. The Tribunal pronounced the order in court on the specified date in Ahmedabad.