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2015 (4) TMI 942 - HC - Income TaxReopening of assessment - deferred revenue concealed - notice issued under section 148 challenged on the ground of jurisdictional error - Held that:- In the instant case, the deferred revenue for the assessment year 2009-10 according to the Assessing Officer ought to have been admitted or included by the assessee in the assessment year 2010-11 and on account of same having not been offered, has given rise for reopening of the assessment. Nothing prevented the petitioner to place such material to establish that such deferred revenue totaling ₹ 216,89,00,773/- has been actually included as its income in the subsequent assessment year/s and if so, the details thereof with the break up, which the Assessing Officer had called for at the first instance. In that view of the matter, it cannot be held that the reasons assigned by the Assessing Officer by communication dated 25.04.2014 vide Annexure-M for reopening the assessment for the year 2009-10 suffers from any jurisdictional error. It has also been specifically made clear thereunder by 1st respondent that deferment of revenue has not been accepted even by the DRP and what has been stated in the said communication is that reply submitted by petitioner does not demonstrate or establish that total amount of ₹ 216,89,00,773/- had been offered to tax in the assessment year 2010-11. The issue involved is the escapement of income to tax for the assessment year 2009-10. As such, the burden is on the assessee to demonstrate that said deferred revenue totaling to ₹ 216,89,00,773/- has been offered to tax in the assessment year 2010-2011 or in any subsequent year/s. In that view of the matter, do not find any jurisdictional error having been committed by the Assessing Officer to reopen the assessment for the assessment year 2009-10 by issue of impugned notice and also over-ruling of objections raised by the petitioner assessee to such notice. - As decided in WHIRLPOOL CORPORATION VS. REGISTRAR TRADE MARKS, MUMBAI AND OTHERS [1998 (10) TMI 510 - SUPREME COURT] & T.T. PVT. LTD. Vs. INCOME TAX OFFICER, COMPANY CIRCLE-III, BANGALORE reported in (1978 (9) TMI 23 - KARNATAKA High Court) has held that availability of alternate remedy under the Act would not be a bar for this Court to examine the notice issued under section 148 of the Income Tax Act, 1961, if it is challenged on the ground of jurisdictional error. - Decided against assessee.
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