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2011 (9) TMI 160 - HC - Income TaxReassessment u/s 147 / 148 - re-opening on the basis of claim of excess deduction - change of opinion - The issue that needs examination is whether the question that royalty payable was in the nature of revenue expenditure, and not capital expenditure, was examined during the original assessment proceedings. - held that:- In the objections the petitioner had referred to the reply filed during the course of the original assessment proceedings. Nothing prevented the Assessing Officer from examining the said aspect and stating that no reply was filed by the petitioner in the course of the original assessment proceedings. The new Assessing Officer could have also asked and verified facts from the earlier Assessing Officer who had passed the original assessment order, as the documents/papers were missing. On the other hand, a cryptic order was passed without specifically dealing with the said contention and fact stated by the petitioner. - Decided in favor of assessee.
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