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2022 (5) TMI 1325 - AT - Income TaxReopening of assessment u/s 147 - Notice after expiry of more than 4 years - difference in income as the contract receipt shown in the profit and loss account and Form 26AS - difference in amount as per TDS certificates and as shown in the accounts of the assessee - HELD THAT:- As during the course of assessment proceedings, the assessee had filed the duly explained the difference in response to the query raised by the Assessing Officer on same point and assessee had filed the reconciliation statement based and TDS certificate and also the contract receipt shown in the books of accounts. It was demonstrated that there was certain mistake in the TDS certificate due to wrong inclusion of reimbursement of service tax. There was TDS deduction taken on a gross amount including service tax which was included in the TDS certificate. All those reconciliations were filed before the AO during the course of the original assessment proceedings which has been accepted by the Assessing Officer. Same thing was further explained post completion of assessment in response to notice under Section 154 of the Act as incorporated supra. Now again in the garb of escapement of income, a notice under Section 148 of the Act was issued mainly to review the same thing, which was already explained before the AO and have also been accepted. Thus, clearly there was no failure on the part of the assessee to disclose fully and truly all material facts during the course of original assessment proceedings, albeit the re-opening is based on purely change of opinion, which is impermissible. Accordingly, the entire proceeding u/s 148 is hereby quashed being without jurisdiction. - Decided in favour of assessee.
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