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of <h1>Court dismisses petition challenging assessment reopening based on interest rate, finding full disclosure of facts. Rule discharged without costs.</h1> <h3>Sun Pharmaceutical Industries Ltd. Versus DCIT</h3> Sun Pharmaceutical Industries Ltd. Versus DCIT - [2013] 353 ITR 450 Issues Involved:1. Jurisdiction of notice under Section 148 of the Income Tax Act, 1961.2. Failure to disclose material facts fully and truly.3. Double deduction claims.4. Excess claim of deduction under Section 80IA.5. Non-remission of export sale proceeds.6. Excess deduction under Section 80HHC.7. Lease equalization charge.8. Higher interest rate from sister concern and Section 80IA(10).Detailed Analysis:1. Jurisdiction of Notice under Section 148:The petitioner challenged the notice dated 25.2.2004 issued under Section 148 of the Income Tax Act, 1961, for reopening the assessment for the year 1997-98. The petitioner argued that the notice was without jurisdiction as there was no failure to disclose all material facts fully and truly.2. Failure to Disclose Material Facts Fully and Truly:The petitioner contended that all necessary disclosures were made in the return of income filed. The court examined whether there was any failure on the part of the petitioner to disclose material facts fully and truly, which is a prerequisite for reopening an assessment beyond four years.3. Double Deduction Claims:The Assessing Officer (AO) alleged that the petitioner claimed double deductions for R&D expenses. However, the petitioner provided detailed reconciliations showing no double deductions. The court found the reconciliation satisfactory and noted that the AO did not dispute these figures in his order disposing of the objections.4. Excess Claim of Deduction under Section 80IA:The AO believed that the petitioner inflated profits by charging a higher interest rate (24%) from a sister concern, Aditya Medisales Ltd., which was more than the market rate (15-18%). This allegedly increased the profits of the Silvasa unit eligible for deduction under Section 80IA. The court found the AO's belief reasonable, noting that the sufficiency of reasons for forming such a belief is not for the court to judge.5. Non-Remission of Export Sale Proceeds:The AO contended that Rs.3,03,970/- was not remitted in foreign exchange within the statutory time limit, affecting the deduction under Section 80HHC. The petitioner argued that full disclosure was made, and an extension for remission was sought. The court found that the petitioner had made full disclosure, and the AO did not assert any failure to disclose material facts.6. Excess Deduction under Section 80HHC:The AO noted that the petitioner claimed deductions under both Sections 80HHC and 80IA for the same export turnover, which is not permissible. The court found that full facts were presented before the AO, and there was no failure to disclose material facts. Hence, reopening on this ground was not valid.7. Lease Equalization Charge:The petitioner explained the lease equalization charge in the profit and loss account, supported by a decision of the Madras High Court. The AO contended that the issue was not examined during the original assessment. The court held that reopening on this ground was not permissible as there was no failure to disclose material facts.8. Higher Interest Rate from Sister Concern and Section 80IA(10):The AO alleged that the petitioner charged a higher interest rate (24%) from Aditya Medisales, inflating the profits eligible for deduction under Section 80IA. The court found that the petitioner did not disclose the interest rate or the relationship with Aditya Medisales in the return, which are material facts. Thus, the reopening on this ground was valid.Conclusion:The court dismissed the petition, finding that the reopening of assessment on the ground of higher interest rate charged from a sister concern was valid. The other grounds for reopening were found invalid due to full disclosure of material facts by the petitioner. The rule was discharged with no order as to costs, and interim relief was vacated.
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