1996 (7) TMI 10 - HC - Income Tax

Invalid reassessment overturned by Tribunal due to audit objections lacking valid grounds under sec 147(b). High Court affirms.

The Tribunal found the reassessment invalid as the audit objections did not provide valid grounds for reopening the assessment under section 147(b). The ... Reassessment, Income Escaping Assessment Issues involved: Reopening of assessment u/s 147(b) and validity of Departmental appeal dismissal.Reopening of assessment u/s 147(b): The Income-tax Officer reopened the assessment for the year 1972-73 based on audit objections, disallowing part of the claimed deduction under section 35(2) for scientific research. The Commissioner of Income-tax (Appeals) upheld the reopening but later, the Tribunal found that the entire expenditure was allowable under section 35(1)(iv) and cancelled the reassessment, citing the Supreme Court's decision in Indian and Eastern Newspaper Society v. CIT [1979] 119 ITR 996. The Tribunal held that the audit opinion did not constitute valid information for reopening the assessment u/s 147(b), as it did not involve interpretation of law. The Tribunal allowed the assessee's appeal, finding the reassessment invalid.Validity of Departmental appeal dismissal: The Tribunal deemed the Departmental appeal infructuous as the reassessment itself was cancelled. The Department argued that the audit party's opinion did not amount to interpreting the law, citing the Orissa High Court's decision in Belpahar Refractories Ltd. v. CIT [1994] 207 ITR 144. However, the Tribunal and the assessee's counsel maintained that the audit party's opinion on the application of law did constitute interpretation, as per the Supreme Court's ruling in Indian and Eastern Newspaper Society v. CIT [1979] 119 ITR 996. The High Court upheld the Tribunal's decision, finding the reassessment invalid and the Departmental appeal rightly dismissed as infructuous.