2014 (1) TMI 305 - AT - Income Tax

Tribunal partially allows assessee's appeal, ruling in favor on assessment reopening but deleting addition for bad debts provision.

The tribunal partially allowed the appeal by the assessee. It ruled in favor of the appellant on both issues, stating that the Assessing Officer was ... Validity of Reopening of Assessment – Held that:- The assessee have never asked for the reason from Assessing Officer, cannot now say that there was no reason for such reopening - if the assessee had asked such reason, Assessing Officer was bound to give such reason to the assessee also as held in GKN Driveshafts (India) Ltd. v. ITO [2002 (11) TMI 7 - SUPREME Court] Assessing Officer was duty bound to dispose of the objection, if any raised by the assessee, before completing the assessment - A presumption cannot be taken that Assessing Officer had no reason with him when he resorted to the reopening. Provision for bad-debts not considered – Computation of book profit u/s 115JA of the Act - The assessee had claimed the amount as provision for bad and doubtful debts - though the assessee called the amount a provision, what was effectively done was only a write-off of bad debts – Following M/s. Vijaya Bank Versus Commissioner of Income Tax & Anr. [2010 (4) TMI 46 - SUPREME COURT] - where there is a debit in the Profit & Loss account as provision for bad and doubtful debts, but if a corresponding amounts stood obliterated from loans and debts on the asset side of the balance sheet, it is not necessary for the assessee to show that the write-off is effected in each and every individual account of the debtors - Even though the amendment to the Act has been made retrospectively, assessee can always claim that the provision for doubtful debts was in fact reduced from debtors account and this was no more a provision for diminution in value of assets or provision for any unascertained liability – Thus, the order for addition made u/s 115JA set aside – Decided partly in favour of Assessee. Issues Involved:1. Reopening of assessment without valid reason.2. Treatment of provision for bad debts while computing book profit under Section 115JA of the Income-tax Act, 1961.Reopening of Assessment:The appellant raised a grievance regarding the reopening of the assessment for the impugned year, contending that there was no valid reason for the Assessing Officer to believe that any income had escaped assessment. The delay in filing the appeal was condoned, and the additional ground challenging the reopening was admitted based on inadvertence. The appellant argued that the lack of a reason for reopening rendered the action invalid. However, the tribunal held that since the appellant did not request the reason for reopening during the assessment process, it could not claim now that there was no valid reason. Referring to relevant legal precedents, the tribunal concluded that the Assessing Officer was within rights to reopen the assessment, considering the original return was only processed under Section 143(1) of the Act.Treatment of Provision for Bad Debts:Regarding the provision for bad debts while computing book profit under Section 115JA, the Assessing Officer added a certain amount as provision for doubtful debts to the book profit. The appellant contended that this amount was actually a write-off of bad debts, not a provision. The tribunal examined the audited final accounts and found that the provision for bad debts was deducted from sundry debtors, indicating a write-off of bad debts. Citing the decision in the case of Vijaya Bank, the tribunal held that if the corresponding amounts were reduced from loans and debts, it need not be shown as write-off in individual debtor accounts. The tribunal also referenced a decision by the Hon'ble Karnataka High Court, stating that if bad or doubtful debts were reduced from loans and debtors shown in the balance sheet, the provisions of Section 115JA were not applicable. Consequently, the tribunal allowed the appeal, deleting the addition made under Section 115JA for provision for bad debts.In summary, the tribunal partially allowed the appeal by the assessee, ruling in favor of the appellant on both issues of reopening the assessment without a valid reason and the treatment of provision for bad debts while computing book profit under Section 115JA of the Income-tax Act, 1961.