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TMI Blog2017 (1) TMI 1750X X X X Extracts X X X X X X X X Extracts X X X X ..... e has not filed relevant details - HELD THAT:- Assessee admittedly filed the Profit Loss account and other details which are required for completing the assessment. Therefore, it cannot be said that there was any negligence on the part of the assessee. Merely because the Assessing Officer could not examine the Profit Loss account filed by the assessee in the course of regular assessment, that cann ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rected against the order of the Commissioner of Income Tax (Appeals) - 1, Coimbatore, dated 26.08.2016 and pertains to assessment year 2007-08. 2. Shri R. Durai Pandian, the Ld. Departmental Representative, submitted that the assessee amortized a portion of project development expenditure and the balance amount was claimed as deferred revenue expenditure. This was noticed by the Assessing Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to Profit & Loss account cannot be allowed while computing total income. The Assessing Officer rightly reopened the assessment and disallowed the so-called expenditure of ₹ 2,65,78,000/-. 3. No one appeared for the assessee inspite of receipt of notice issued by RPAD. Therefore, we dispose of the appeal on merit after hearing the Ld. Departmental Representative. 4. From the orders of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 147 of the Act unless there was negligence on the part of the assessee, after expiry of a period of four years from the end of the relevant assessment year. In this case, the four years period from the end of the relevant assessment year expired on 31.03.2012. However, the Assessing Officer issued notice under Section 148 of the Act only on 11.06.2013. Therefore, obviously, the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... art of the assessee. Therefore, reopening of assessment beyond the period of four years from the end of the relevant assessment year is outside the scope of Section 147 of the Act. In view of the above, this Tribunal do not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed. 6. In the result, the appeal filed by the Revenue is dismissed. Orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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