2014 (5) TMI 317 - AT - Income Tax

Tribunal affirms section 80IB deduction, stresses tangible material & AO's satisfaction for reopening assessments.

ITO Ward-12(4), New Delhi Versus Him Valves & Regulators Pvt. Ltd.

The Tribunal upheld the decision of the ld CIT(A) to allow the deduction under section 80IB, considering the correction of the inadvertent mistake in ... Disallowance of deduction u/s 80IB of the Act – Mandatory audit report not furnished in prescribed proforma – Held that:- The assessee had filed the old Form 10CCB while claiming deduction u/s 80IB, instead of the revised format of Form 10CCB for the AY - the AO reopened the assessment, the assessee filed the revised new Form 10CCB during the re-assessment proceeding, thereby, the assessee has corrected the mistake which happened while filing the return and has admitted that the claim for deduction in the old format was an inadvertent mistake - The CIT(A) have compared the old and the revised Format 10CCB filed by the assessee and since he could not find any fault on the part of the assessee which could have resulted in escapement of income or there was any omissions in the old format which could have made an adverse impact on the claim u/s 80IB, the ld CIT(A) rightly allowed the appeal of the assessee – there is no legal infirmity in the decision of the CIT(A) – Decided against Revenue. Issues:1. Disallowance of deduction under section 80IB for not furnishing mandatory audit report in prescribed proforma.2. Reopening of assessment based on audit objection regarding incorrect filing of audit report.3. Applicability of legal principles in reopening assessment without tangible material.Analysis:Issue 1: Disallowance of deduction under section 80IBThe case involved an appeal by the revenue against the deletion of disallowance of deduction of Rs. 9,53,519 made by the Assessing Officer under section 80IB of the Income Tax Act, 1961. The dispute arose due to the assessee not furnishing the mandatory audit report in the prescribed proforma (Form No. 10CCB) as required to avail the deduction under section 80IB. The Assessing Officer disallowed the deduction on this basis. However, the ld CIT(A) allowed the appeal of the assessee, stating that the revised Form 10CCB was filed during the re-assessment proceeding, correcting the inadvertent mistake made by filing the old format. The ld CIT(A) found no fault that could result in income escapement or impact the claim under section 80IB, leading to the allowance of the appeal.Issue 2: Reopening of assessment based on audit objectionThe revenue contended that the audit objection pointed out the failure of the assessee to satisfy the eligibility requirement for claiming the deduction under section 80IB due to incorrect filing of the audit report. The revenue argued that the Assessing Officer had the right to reopen the assessment based on this audit objection, citing legal precedents. On the other hand, the assessee argued that the Assessing Officer did not agree with the objection raised by the audit party and asked them to withdraw it. The ld AR contended that there was no tangible material for reopening the assessment, as the satisfaction required by the Assessing Officer was absent. The revised Form 10CCB was filed during the re-assessment and appellate proceedings, showing no escapement of income. The ld AR emphasized that the Assessing Officer cannot assume jurisdiction to reopen the assessment without a reason to believe that income has escaped assessment.Issue 3: Applicability of legal principles in reopening assessmentThe Tribunal found that the assessee corrected the mistake of filing the old Form 10CCB by submitting the revised form during the re-assessment proceeding. The ld CIT(A) compared the old and revised forms and found no fault that could impact the claim under section 80IB. The Tribunal held that there was no legal infirmity in the decision of the ld CIT(A) and declined to interfere in the impugned order. The Tribunal dismissed the appeal of the revenue based on these findings.In conclusion, the Tribunal upheld the decision of the ld CIT(A) to allow the deduction under section 80IB, considering the correction of the inadvertent mistake in filing the audit report. The Tribunal also emphasized the importance of tangible material and the Assessing Officer's satisfaction for reopening assessments, highlighting the need for a reason to believe that income has escaped assessment.