Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2022 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (7) TMI 1454 - HC - Income TaxReopening of assessment u/s 147 - deduction claimed u/s 80IA - assessment for the year under consideration was framed u/s 143(3) and the same is sought to be reopened beyond the period of four years from the end of relevant assessment year - HELD THAT:- On perusal of the reasons recorded for reopening the assessment, it nowhere reveals that the assessee has failed to disclose truly and fully all material facts relevant for the assessment. The petitioner assessee availed the deduction u/s 80IA - On the basis of the audit report in Form 10CCB, the reasons assigned by the AO to reopen the assessment questioning the apportionment of common expenses between exempted unit and non-exempted unit on the basis of the total turnover of the petitioner company was already considered during the course of the regular assessment u/s 143(3). Moreover, the petitioner assessee has relied upon the appellate order for the AY 2009-2010 to point out that the books of accounts were separately maintained by the petitioner assessee consistently and the claim of deduction u/s 80IA on similar method was accepted by the department in earlier years as well as in the immediately preceding AY 2010-2011 and after taking into consideration such facts, AO accepted the claim of the assessee in the regular assessment under section 143(3) of the Act in the assessment order for the AY 2011-2012. Thus, reopening the assessment is nothing but a mere change of opinion on the part of AO with regard to apportionment of common expenses between the exempted unit and non-exempted unit vis-a-vis the quantum of deduction u/s 80IA of the Act which was consistently accepted by the department. AO issued notice u/s 148 of the Act only to make a roving inquiry into the facts which were already considered by the Assessing Officer at the time of framing the original assessment u/s 143(3) - Decided in favour of assessee.
|