Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2017 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (6) TMI 834 - HC - Income TaxReopening of assessment - assessee was not fulfilling the conditions laid down under Section 80IA - Held that:- What can be seen from reasons is that though the Assessing Officer refers to the assessment of year 2009-10 for the purpose of his information, insofar as the year under consideration is concerned, he confined his reasons to one single aspect viz. of the assessee not fulfilling the necessary conditions for deduction. Literal reading of the reasons would imply that the Assessing Officer was not pressing in service the ground of deficiencies in the treatment of waste that the assessee was imparting, which he had noticed in the assessment year 2009-10, for the present year i.e. assessment year 2006-07. Further his reference to the assessee not fulfilling the conditions for claim of deduction is, by itself, rather vague and general reference. In our understanding, the reasons lack clarity. there was no failure on the part of the assessee to disclose necessary facts. The documents in the nature of contracts between the government and other agencies were very much part of the record. In a case where reopening of assessment is being resorted beyond the period of four years this would be relevant. Further, during the assessment pursuant to the first notice for reopening, the Assessing Officer had examined the claim of deduction under Section 80IA (4) of the Act. It may be that the Assessing Officer had only one of the units of the assessee in mind when such assessment was being framed. Nevertheless nothing prevented him from disallowing such deduction qua other units also if similar situation obtained. - Decided in favour of assessee.
|