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2016 (11) TMI 726 - KERALA HIGH COURT

2016 (11) TMI 726 - KERALA HIGH COURT - [2016] 389 ITR 407 - Reopening of assessment - whether the assessing authority was entitled to invoke Section 147 of the Act as regards the deductions granted by the assessing authority at the first instance through the assessment order allowing deductions under Sections 80HH and 80I during the regular assessment proceedings against the assessee? - Held that:- The assessee had responded to the queries raised by the assessing officer in the original assessm .....

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annot but to affirm the decision of the Tribunal and thereby answer the questions raised by the Revenue against it.- Decided in favour of assessee. - I.T.A.No. 92 of 2010 - Dated:- 27-10-2016 - THOTTATHIL B.RADHAKRISHNAN AND DEVAN RAMACHANDRAN, JJ. FOR THE APPELLANT : ADV.SRI.PKR MENON, SENIOR COUNSEL, GOI (TAXES) ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX FOR THE RESPONDENT : ADV. SRI.E.K.MADHAVAN, ADV. SRI.V.KRISHNA MENON, ADV. SMT.P.VIJAYAMMA JUDGMENT Thottathil B.Radhakrishnan, J. 1.This incom .....

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cumstances of the case, the Tribunal is right in holding that the Assessing Officer had verified the claim of deduction at the stage of proceedings u/s.143(1) (a) and also in the related proceedings u/s.154, when in fact the Assessing Officer had only considered the allowability of the deduction in toto under the above proceedings and not the eligibility of the assessee to claim the deductions, since there was no opportunity for the Assessing Officer to verify the previous assessment records of .....

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t no question of law much less any substantial question of law, including those mentioned hereinabove, arises for decision in this appeal, going by the order of the Income Tax Appellate Tribunal as also the order of the subordinate authority, which the Tribunal considered. 4. Learned Senior Standing Counsel for the Department argued that the Tribunal exceeded its jurisdiction in setting aside the action taken by the assessing authority to determine and assess income which, according to the asses .....

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were not duly considered, proceedings under Section 147 of the 1961 Act would be applicable, going by the ratio of that decision rendered in terms of the corresponding provisions of the 1922 Act. 5.The dispute between the Department and the assessee, is as to whether the assessing authority was entitled to invoke Section 147 of the Act as regards the deductions granted by the assessing authority at the first instance through the assessment order allowing deductions under Sections 80HH and 80I du .....

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was attempted to be made after the period of four years from the end of the relevant assessment year. Specific reference was made to Sub-section (3) of Section 147 of the Act and the effect of the provisos. 7.We may now note certain factual details, which have been culled out from the relevant paper books and materials by the Appellate Tribunal, which is the last authority on facts, after noticing that the assessment under Section 143(3) of the Act was done on 24.03.1995. We quote the relevant f .....

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new industrial undertaking as required by section 80I. In assessee's paper book, pg.No.7, in reply to the intimation under section 143(1)(a), the assessee vide letter dated 10th July 1993 stated that Section 80-I does not insist on keeping separate accounts for the new industrial undertaking. The profit arising out of the operations of the new plants can be reasonably estimated as a proportion to the production since the items produced at all the plants are same. Hence, the basis on which t .....

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ner, however, submitted that if any case laws are available in assessee's favour, he may be informed of the same. Further, the Deputy Commissioner asked the assessee to clarify why this deduction was claimed at 5% only. The assessee vide his letter dated 19th August 1993 furnished the necessary clarifications in first para itself which is available in assessee's paper book pg.No.10. It was also accepted by the ld. Counsel for the assessee in assessee's paper book in pg.11 that it app .....

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ns claimed. The Department allowed the request of the assessee to fully deduct 25% since this was within the scope of section 143(1)(a). The rectified deduction of income under Section 80I is given in assessee's paper book pg.No.13. The assessee has furnished the information called for by the Department in detail which is available in assessee's paper book, pg.Nos.14 and 15 particularly pg.15 and pg.No.16 mentions about the schedule of sundry creditors. 8.On the basis of the aforesaid ma .....

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