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2012 (12) TMI 2 - AT - Income TaxReassessment proceedings - case was reopened involving the issue foreign exchange fluctuations and data usage charges - no addition was made on account of foreign exchange fluctuation loss. - Addition made on account of data usage charges deleted by DRP - held that:- no addition having been made on the basis of the reasons recorded by the AO for reopening the completed assessment and the remaining additions being not part of the said reasons to believe recorded by the AO, in keeping in Ranbaxy Laboratories Ltd. v. CIT (2011 (6) TMI 4 - DELHI HIGH COURT) and ADHUNIK NIRYAT ISPAT LTD. [2012 (11) TMI 895 - DELHI HIGH COURT], reopening of the completed assessment in the present case is bad in law. - Decided in favor of assessee. Addition by DRP without affording any opportunity to the assessee to rebut such evidence - held that:- the assessee has produced confirmations from 45 vendors before the DRP, and the DRP had forwarded the same to the AO for verification. The AO had requested for more time to make the verification. The DRP, however, directed the AO to verify the evidence and if the AO were satisfied, he was to restrict the disallowance, if any, which, in any case, as per the DRP, could not exceed Rs. 89,39,92,188/-, the payments made to third parties not verifiable. Since the matter is now being remitted to the file of the AO, as above, the assessee would get ample opportunity to prove its case.
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