2010 (4) TMI 918 - AT - Income Tax

Tribunal upholds assessment validity, dismisses capital receipt claim

The Tribunal upheld the validity of the assessment, determining that the reassessment was justified based on available material. The nature of the ... - Issues involved: Validity of assessment, treatment of amount received as capital receipt, levy of interest under section 234B(3).Validity of assessment: The assessee challenged the validity of the assessment, arguing that the reassessment order was invalid as there was no material available at the time of issuing notice under section 148 to justify the belief that income had escaped assessment. The Assessing Officer had not examined relevant evidence before issuing the notice. The reopening of assessment was contested on the grounds of lack of jurisdiction u/s 148.Treatment of amount received as capital receipt: The assessee claimed that the amount received was towards surrender of profit earning apparatus and should be considered a capital receipt. The assessee contended that the amount was for surrendering the business premises along with furniture, qualifying it as a slump sale.Levy of interest under section 234B(3): The assessee argued that interest under section 234B could not be increased as it was not levied in the original assessment under section 143(1)(a). The mandatory nature of interest under section 234B was emphasized as compensatory.The Tribunal held that the reopening of assessment was valid as the Assessing Officer had reason to believe income had escaped assessment based on the material available. The demarcation made by the assessee in the return raised doubts about the nature of the receipts. The claim of the assessee regarding non-compete fee receipt was dismissed as the owner confirmed no such payment was made. The transaction did not qualify as a slump sale as all assets and liabilities were not transferred. The claim of Rs. 5,00,000 as a capital receipt was also rejected. Regarding interest under section 234B, the Tribunal noted that the assessee had shown interest payable in the return itself, undermining the argument against its levy. The findings of the Commissioner of Income-tax (Appeals) were upheld, and the appeal of the assessee was dismissed.