2023 (7) TMI 1213

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.... : Mr.M.Swaminathan, Senior Standing Counsel assisted by Mrs.S.Premalatha, Junior Standing Counsel For the Respondent : Mr.S.Sridhar JUDGMENT R.MAHADEVAN, J. Heard the learned counsel on either side and perused the materials available on record. By consent, this tax case appeal is taken up for final disposal at the stage of admission itself. 2. This tax case appeal has been filed by....

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....or the Assessment Year 2014-2015. The Assessing Officer initiated reopening proceedings under Section 147 by issuing a notice under Section 148, alleging that the assessee firm had not deducted TDS as required under Section 194(C) on the entire hire charges of Rs. 14,78,95,505/-. The Assessing Officer disallowed 30% of the charges, amounting to Rs. 4,43,68,652/- under Section 40(a)(ia) and has com....

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.... dated 22.02.2023, dismissed the appeal of the revenue holding that reopening of the assessment was purely based on a change of opinion. Therefore, this appeal by the Revenue. 6. The main contention of the learned senior standing counsel for the appellant is that the ITAT erred in considering the reopening of the assessment under Section 147 as a mere change of opinion, relying on the judgment ....

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....cluded under the head "other expenses" due to the absence of a separate column for such expenditures in the returns. Upon careful examination of the documents and details provided by the assessee along with the IT statement, the Assessing Officer completed the assessment under Section 143(3) of the Income Tax Act on 26.10.2016. The assessment order explicitly stated that the Assessing Officer had ....