2013 (12) TMI 303 - AT - Income Tax

Tribunal upholds CIT(A)'s decision quashing re-assessment under Income Tax Act.

ASST DIRECTOR OF INCOME-TAX Versus M/s CALYON BANK

The Tribunal upheld the decision of the ld. CIT(A) to quash the re-assessment proceeding under section 147/148 of the Income Tax Act. It ruled in favor of ... Validity of re-assessment u/s 147 – The original assessment was completed at a total loss of Rs. 12,55,47,111/- vide order dtd. 28-3-2005 passed u/s 143(3) – Later on the AO issued notice u/s 148 based on the reasons that there was excess allowance of the bad debts deduction to the extent of Rs. 2.3 crores on account of the failure to adjust the credit balance in the account u/s 36(1)(viia)(b) and the book profit u/s 115JB should have been computed at Rs. 12.3 crores - Held that:- The course of original assessment proceeding the assessee has disclosed all the material facts including the amount of bad debts written off in the chart of computation of total income along with note, statement of computation of income u/s 115JB of the Act, audit report u/s 115JB computing the book profit of the company - There is no failure on the part of the assessee to disclose fully and truly all material facts necessary for its assessment – In fact the Revenue has failed to prove that the assessee has not disclosed all the relevant material – Following Mrs. Parveen P. Bharucha vs. Dy. CIT [2013 (1) TMI 295 - Bombay High Court] - Fresh application of mind by the Officer on the same set of facts amounts to a change of opinion and does not warrant reopening - Decided against Revenue. Issues:1. Validity of re-assessment under section 147 of the Income Tax Act.2. Disclosure of material facts by the assessee during original assessment proceeding.Issue 1: Validity of re-assessment under section 147 of the Income Tax Act:The appeal involved a dispute regarding the re-assessment under section 147 of the Income Tax Act. The Revenue challenged the order of the ld. CIT(A) quashing the re-assessment proceeding. The Revenue contended that the re-assessment was valid as the assessee had not fully disclosed all material facts necessary for assessment. The Revenue specifically highlighted the excess allowance of bad debts and the computation of book profit under section 115JB as grounds for re-assessment.In response, the assessee argued that all material facts had been disclosed during the original assessment proceeding. The assessee emphasized that explanations were provided in response to queries raised by the Assessing Officer, which were part of the re-assessment proceeding. The assessee maintained that the ld. CIT(A) rightly quashed the re-assessment, asserting that the original assessment had considered and allowed the claims made by the assessee based on the information provided.The Tribunal analyzed the reasons recorded by the Assessing Officer for re-opening the assessment, which primarily focused on the bad debts deduction and book profit computation under section 115JB. The Tribunal noted that the assessee had disclosed relevant material during the original assessment, including details of bad debts written off and explanations provided in response to queries. Relying on legal precedents, the Tribunal held that the ld. CIT(A) was justified in quashing the re-assessment proceeding as there was no failure on the part of the assessee to disclose material facts necessary for assessment. The Tribunal rejected the Revenue's grounds challenging the re-assessment.Issue 2: Disclosure of material facts by the assessee during original assessment proceeding:The second issue revolved around whether the assessee had adequately disclosed all material facts during the original assessment proceeding. The Tribunal examined the documents submitted by the assessee, including the computation of total income, statements related to bad debts, and audit reports on book profit. The Tribunal observed that the assessee had provided explanations and details on bad debts written off in response to queries raised by the Assessing Officer during the original assessment.Citing legal precedents, the Tribunal emphasized that a fresh application of mind by the Assessing Officer to the same facts did not warrant re-opening the assessment if all relevant material had been disclosed by the assessee during the original assessment. The Tribunal held that since there was no failure on the part of the assessee to disclose material facts, the ld. CIT(A) rightly quashed the re-assessment proceeding. Consequently, the Tribunal rejected the Revenue's arguments challenging the adequacy of material disclosure by the assessee.In conclusion, the Tribunal dismissed the Revenue's appeal and the assessee's Cross-Objection, upholding the order of the ld. CIT(A) in quashing the re-assessment proceeding under section 147/148 of the Income Tax Act. The Tribunal also rejected additional grounds raised by the assessee regarding the issuance of a notice under section 143(2) of the Act, as it was not pressed during the hearing.