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2012 (11) TMI 1299 - AT - Income TaxDeduction for Employment of New Employees u/s 80JJAA - Reopening of Assessment u/s 147 - A revised return was filed by assessee company where claim of deduction u/s 80JJAA was made and was duly allowed by AO. Matter was reopened after 4 years where the assessee was informed that during the previous year regular workmen totaling 53 were employed by it and since the number of regular workmen employed during the previous year was less than 10% of the existing number of workmen, no deduction was allowable in respect of additional wages paid to regular workmen u/s 80JJAA. HELD THAT:- Reopening after four years is legal if the assessee had not provided all material facts along with return of income and or during assessment proceedings. Assessee, through audit report had tried to mislead the department by showing number of new regular workmen at 53. Reopening of assessment u/s 147 allowed. Decision against assessee. Decision in the case of HONDA SIEL POWER PRODUCTS LIMITED VERSUS DEPUTY COMMISSIONER OF INCOME-TAX [2011 (2) TMI 1184 - DELHI HIGH COURT], relied upon
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