2023 (2) TMI 1122 - HC - Income Tax

Reopening of assessment u/s 147 - Reason to believe - expenditure incurred on Colour Idea Stores - HELD THAT - As during the scrutiny assessment, the AO had sought from the petitioner the relevant details with regard to the advertisement and sales promotion expenses which details were furnished by the petitioner vide its response dated 17th October 2016. It can also be seen that the AO had disallowed some of the expenses which had been reflected in the break-up under the head details of advertisement and sales promotion expenses while passing the final order of assessment, which reflects that the AO had applied its mind to the appellant s claim while passing the order under section 143(3) of the Act. The reasons do not disclose as to what material or fact was not disclosed by the assessee. It, therefore, clear that there was, in fact, a complete disclosure of all the primary material facts on the part of the petitioner and it cannot be said that there was any failure on the part of the petitioner to disclose fully and truly facts which were material and necessary for assessment. Thus notice impugned does not satisfy the jurisdictional requirement of section 147 - Decided in favour of assessee.

Summary

Issues involved:
Challenging notice under section 148 of the Income Tax Act, 1961 for reopening assessment of the assessment year 2014-15 and order rejecting objections to the notice.

Analysis:
1. The petitioner, a public limited company engaged in manufacturing and selling paints, challenged a notice dated 31st March 2021 seeking to reopen the assessment for the assessment year 2014-15 under section 148 of the Income Tax Act, 1961. The petitioner also contested the order dated 7th February 2022 rejecting objections to the issuance of the notice.

2. The petitioner's marketing strategy, 'Colour Idea Stores,' involved setting up designated areas in dealers' shops for exclusive display of products. The costs incurred for this scheme were claimed as advertising and sales promotion expenses. The original assessment for the year 2014-15 accepted these expenses under the scheme.

3. The notice for reopening the assessment cited that an amount of Rs.22.50 crores had escaped assessment due to the petitioner's failure to disclose information during the initial assessment proceedings. However, the petitioner argued that there was no failure to disclose material facts necessary for assessment.

4. The court referred to the Proviso to section 147 of the Act, emphasizing the requirement for full and true disclosure of material facts by the assessee for reopening assessments. Citing the case of Hindustan Lever Ltd. Vs. R.B. Wadkar, the court highlighted the importance of clear and unambiguous reasons for reopening assessments.

5. The court noted that during the scrutiny assessment, the Assessing Officer had sought and received details from the petitioner regarding the advertising and sales promotion expenses. The AO disallowed some expenses but accepted the 'Colour Idea Stores' expenses, indicating a thorough examination of the petitioner's claims.

6. The court concluded that the notice did not meet the jurisdictional requirement of section 147 of the Act as there was a complete disclosure of all primary material facts by the petitioner. Therefore, the court held the notice unsustainable and quashed it, allowing the petition without costs.