1984 (8) TMI 110 - AT - Income Tax

Summary

Issues:
- Claim for depreciation and deduction under section 35B in reopened assessments.

Analysis:
1. The case involved a registered firm that informed the IAC about profit suppression, leading to reassessment proceedings under section 147(a) of the Income-tax Act, 1961. The firm claimed depreciation and deduction under section 35B during reassessment, which were not claimed in the original assessments. The IAC rejected these claims based on a previous decision.

2. The assessee appealed to the Commissioner (Appeals), arguing that the IAC erred in rejecting the claims based on outdated precedents. The assessee cited various judgments to support its claim that reassessment proceedings allow for a fresh assessment covering all aspects, not limited to the items initially contested.

3. The revenue contended that reassessment proceedings are for the benefit of the revenue and that the ITO has the jurisdiction to assess all incomes that escaped assessment originally. The departmental representative emphasized that the assessee cannot claim deductions not contested initially during reassessment.

4. The Tribunal considered the arguments and relevant case laws. It concluded that reassessment proceedings aim to bring to tax all incomes that escaped assessment initially. The Tribunal highlighted the Supreme Court's stance on the ITO's duty to assess the entire escaped income during reassessment.

5. The Tribunal clarified that while reassessment allows for taxing all escaped incomes, matters finalized in the original assessment cannot be reopened by the assessee during reassessment. The Tribunal disagreed with the Commissioner (Appeals) directing the allowance of depreciation and deduction under section 35B not claimed in the original assessment.

6. Consequently, the Tribunal allowed the departmental appeals, setting aside the Commissioner (Appeals) order and restoring the IAC's decision for each assessment year under appeal. The judgment emphasized that reassessment proceedings focus on escaped income and do not permit the assessee to claim deductions not raised initially.