INCOME TAX OFFICER WARD NO.16(2) vs. M/S TECHSPAN INDIA PRIVATE LTD.(FORMERLY KNOWN AS M/S. TECHSPAN INDIA LTD.) THROUGH ITS MANAGING DIR

C.A. No.-002732-002732 - 2007Supreme Court2018 INSC 39624 April 2018Bench: HON'BLE MR. JUSTICE R.K. AGRAWAL12 pages
For Petitioner: ANIL KATIYARFor Respondent: BHARGAVA V. DESAI
AI SummaryDismissed

What did the Supreme Court hold?

The Tribunal held that re-opening of a completed assessment based solely on a change of opinion by the Assessing Officer, without any new material, is not permissible. The issue regarding the allocation of common expenses and Section 10A deduction was already considered during the original assessment.

What were the facts?

The assessee company, engaged in software development and HR services, filed its return for AY 2001-02. The original assessment was completed, and later, a notice under Section 148 was issued to reopen the assessment, alleging excess deduction under Section 10A. The High Court quashed this notice and the subsequent order.

What were the issues?

Whether re-opening of a completed assessment under Section 147 is justified when it is based on a mere change of opinion by the Assessing Officer on the same facts already considered during the original assessment.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 10A,Section 143(3),Section 154

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Cause title — parties, addresses and appearances
R EPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2732 OF 2007 Income Tax Officer Ward No. 16(2) .... Appellant(s) Versus M/s TechSpan India Private Ltd. & Anr. .... Respondent(s)

J U D G M E N T R.K. Agrawal, J. 1) The present appeal has been preferred against the impugned final judgment and order dated 24.02.2006 passed by the High Court of Delhi in W.P.(C) No 14376 of 2005 whereby a Division Bench of the High Court, while allowing the petition filed by the Respondent herein, quashed the notice dated 10.02.2005 issued under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as ‘the IT Act’) and the order dated 17.08.2005 passed by the Income Tax Officer. 2)

Brief facts:- 1 (a) M/s TechSpan India Private Ltd.-the Respondent is a private limited company incorporated under the Companies Act, 1956 and is engaged in the business of development and export of computer softwares and human resource services. It is also relevant to mention here that the Respondent-Company is also eligibl

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