M/S IRCON INTERNATIONAL LTD.,DELHI vs. JOINT COMMISSIONER OF INCOME TAX, NEW DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the reopening was invalid because the Assessing Officer failed to record the assessee's failure to disclose material facts fully and truly, especially since the reopening was initiated beyond four years. This failure vitiated the entire reassessment process.
What were the facts?
The Assessing Officer initiated reassessment proceedings for AY 2005-06, believing income had escaped assessment due to expenditure on technical know-how and agency charges, and prior period income. The regular assessment under section 143(3) was completed earlier.
What were the issues?
The primary issue was the validity of the reassessment proceedings initiated beyond four years without establishing the assessee's failure to disclose material facts. The Tribunal also considered the sufficiency of reasons recorded for reopening.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘C’ NEW DELHI
Before: SHRI SATBEER SINGH GODARA & SHRI NAVEEN CHANDRA
PER SATBEER SINGH GODARA, JM
This assessee’s appeal for assessment year 2005-06, arises against the Commissioner of Income Tax (Appeals)-29 [in short, the “CIT(A)”], Delhi’s order dated 23.09.2025 passed in order no. 10205/2019-20 involving proceedings under section 254/147/143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
ITA No.7126/Del/2025
Heard both the parties. Case file perused.
We notice during the course of hearing that the assessee/appellant canvasses its first and foremost substantive ground challenging validity of impugned reopening itself. Learned counsel seeks to invite our attention to the Assessing Officer’s reopening reasons recorded in its case; reading as under: “ Reasons for notice u/s 148 of the Act, 1961
The assessment u/s 143(3) of the IT Act, in the above mentioned case for A.Y.2005-06 was completed on 28.12.2007 determining total income of Rs.71,01,18,489/-. From the perusal of the record it is revealed that the assessee has incurred an expenditure of Rs.827.20 lacs on 'technical know-how and agency charges'. As the 'technical know-how and agency charges' acquired by the assessee is giving benefit to assessee of enduring nature the same is not an allowable expenditure in the nature of revenue.
Further, on perusal of annexure 16 to the 3CD report, it is revealed that the assessee has disclosed prior period income of Rs.71,43,999/- and the same is not added to the total income of the assessee. By doing so, the assessee has not disclosed the total income correctly to the extent of Rs.898.63 lacs (Rs.827.20 lacs. On account of 'technical know how & agency charges' +Rs.71.43 lacs on account of prior period income).
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ITA No.7126/Del/2025 Based on the above facts, I have reason to believe that the income of the assessee chargeable to tax to the extent of Rs.898.63 lacs has escaped assessment.”
There does not appear to be much a dispute between the parties that not only the learned Assessing Officer had framed a regular assessment u/s 143(3) of the Act in the assessee’s case on 28.12.2007 but also he set into motion the impugned reopening beyond a period of four years from the end of the impugned assessment year; and, that too, without even indicating that there was any failure on the assessee’s part in not disclosing all the particulars “fully” and “truly” in the former ground . It rather emerges that he has only gone by the assessee’s Form 3CD report(supra) read withy Annexures 16 thereto, as admitted in the above extracted reopening reasons.
Faced with this situation, we hereby reject the revenue’s vehement contentions supporting the impugned reopening in light of section 147 r.w. 1st Proviso in Hindustan Lever Ltd vs. R. B. Wadkar, ACIT (2004) 268 ITR 332 (Bom) that such a failure on the learned Assessing Officer’s part is non- recording of assessee’s failure indeed vitiates the reopening itself as there is no scope for any subsequent
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ITA No.7126/Del/2025 addition or substitution thereof at a latter stage. We accordingly quashed the impugned reopening in very terms. All other remaining pleadings between the parties on merits stand rendered academic.
This assessee’s appeal is allowed.
Order pronounced in the open court on 6th April, 2026.
Sd/- Sd/- (NAVEEN CHANDRA) (SATBEER SINGH GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 28.04.2026 Pooja Mittal/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi
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More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
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- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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