Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2019 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (3) TMI 811 - HC - Income TaxReopening of assessment - management training expense being incurred for Post Graduate programme of Director of the company - - Query raised by AO duly replied by assessee in original assessment u/s 143(3) - nexus between the expense of course fees and the relevance of the same wholly and exclusively for business purpose - change of opinion - HELD THAT:- From the facts as emerging from the record, it is evident that at the time of scrutiny assessment the Assessing Officer had duly considered this issue in detail and upon being satisfied with regard to the nexus between the expenses incurred by the petitioner for the management training of its Director and the business of the petitioner, had allowed such expenditure. AO now seeks to reopen the assessment on the very same ground, which is clearly, nothing but a mere change of opinion. AO cannot sit in appeal over the opinion expressed by his predecessor in the assessment order. In the present case, as recorded by the respondent in the reasons recorded, the predecessor of the respondent had gone into the issue and therefore, in effect and substance, the respondent seeks to sit in appeal over the opinion expressed by his predecessor, and, therefore, the assumption of jurisdiction on the part of the Assessing Officer under section 147 of the Act, which is based on a mere change of opinion, is invalid - Decided in favour of assessee.
|