TMI Blog2020 (12) TMI 975X X X X Extracts X X X X X X X X Extracts X X X X ..... f completion of the production of the film whichever is earlier. The statement is necessarily to contain the payments that exceeds ₹ 50,000/- in the aggregate made by such person to eat such person engaged by him in such production. Form 52 relevant for financial year 2005-06 and 2006-07 relevant to assessment year under consideration was filed by assessee before Ld. AO on 09/01/2008 being the year in which the production of the film was completed. We therefore, do not find any infirmity in the observations of Ld. CIT(A), as the reassessment was initiated based on change of opinion. On merits we note that, there is no dispute regarding compliance under section 285B, within the relevant period. It is an admitted position that, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... identical and on same facts, both parties do not have any objection in the appeals being disposed off by way of common order. 4. We note that, original assessment order for assessment years 2006-07 and 2007-08 was completed by Ld. AO on 30/12/2008 and 30/12/2009 respectively. Subsequently, notice under section 148 was issued on 13/10/2010 for both years. Summons under section 131 was issued which was received by assessee after the date of hearing and assessee filed a brief note on the nature of business copy of the return filed in response to notice under section 142(1) of the Act. The Ld. AO completed the assessment based on materials available on record. Ld. AO completed the assessment by making addition being, difference between the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has reopened the assessment on the basis of change of opinion' and thus the same cannot be sustained in first appeal. Reassessment proceedings stand quashed and hence there is no necessity to go into the merits of the case. 6. The facts are identical in this year too and the reasons recorded by the AO are as under:- During the course of Audit by the C AG on 'taxation of assesses engaged in film and television activities', it was pointed out by the Audit Party that during the A. Y. 2007-08 also the film 'Shantinivas', the expenditure incurred was shown as ₹ 1,44,65,845/- as against ₹ 55,75,290/- shown in the Form 52A. Hence, to examine such a huge variation, the assessment for the A. Y. 2007-08 is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duction cost pertaining to film 'Shanthi Niwas'. He referred to page 81-82 of paper book, wherein, said amount has been claimed and shown as work in progress. 12. He thus placed reliance on order observations of Ld. CIT(A). Even otherwise, Ld. AR submitted that, declaration under section form 52A is a statement by assessee in respect of production cost that exceeds ₹ 50,000/-, due to any person on behalf of assessee. He submitted that, the statement under Form 52A is used by the Department to check inflation of expenditure by film a producer, and to enable to get information about recipient of payment for necessary action for their case. It was thus submitted by Ld. AR that, reopening has been rightly quashed by Ld. CIT(A) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of affairs for 31/03/2007 placed at page 81-82 of paper book. He also drew our attention to page 83, being the statement of affairs for year-end 31/03/2008 wherein, the said production cost is claimed as expenditure. In the written submission placed at page 41-52 of paper book, Ld. AR has submitted that this Tribunal has remanded the matter back to Ld. AO for fresh adjudication on the issue of disallowance which includes the alleged addition made in reassessment proceedings. 17. We note that section 285B of the Act requires any person carrying on production of cinematographic film during the whole or any part of the financial year to file the statement before Ld. AO within 30 days from the end of such financial year or within 30 days ..... X X X X Extracts X X X X X X X X Extracts X X X X
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