M/S. LEO TRANSPORT,CHENNAI vs. ACIT, CHENNAI

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ITA 3152/CHNY/2016Status: DisposedITAT Chennai19 December 2018AY 2007-084 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the reopening of assessment beyond four years without any new material and based on a change of opinion is not permissible. The original assessment had already considered the issue in detail.

What were the facts?

The assessee's appeal was filed with a delay of 16 days, which was condoned. The core issue was the reopening of assessment under Section 148 of the Income-tax Act, 1961, beyond the four-year period.

What were the issues?

Whether reopening of assessment beyond four years is valid when there is no new material and it amounts to a change of opinion by the Assessing Officer.

Which sections of the Income-tax Act were involved?

Section 148,Section 147,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI S. JAYARAMAN

For Appellant: CA यथ क ओर से /
For Respondent: Shri Hari Govind, JCIT
Hearing: 04.12.2018Pronounced: 19.12.2018

आदेश /O R D E R

PER N.R.S. GANESAN, JUDICIAL MEMBER:

1.

This appeal of the assessee is directed against the order of the Commissioner of Income Tax (Appeals) -5, Chennai, dated 28.07.2016 and pertains to assessment year 2007-08.

2.

There was a delay of 16 days in filing this appeal by the assessee. The assessee has filed a petition for condonation of delay. We have heard the Ld. representative for the assessee and the Ld. D.R. We find that there was sufficient cause for not filing the appeal before the stipulated time. Therefore, we condone the delay and admit the appeal.

3.

Sh. T. Banusekar, the Ld. representative for the assessee, submitted that the Assessing Officer reopened the assessment by issuing notice under Section 148 of the Income-tax Act, 1961 (in short 'the Act') on 25.03.2014, which is beyond the period of four years. According to the Ld. representative, it is not the case of the Revenue that there was any negligence on the part of the assessee in furnishing material facts. Referring to Section 147 of the Act, the Ld. representative submitted that the Assessing Officer cannot reopen the assessment after expiry of four years. The Ld. representative submitted that the original assessment was completed under Section 143(3) of the Act by an order dated 18.12.2009. Subsequently, the Assessing Officer issued notice on 25.03.2014 without any material. The issue was elaborately considered by the Assessing Officer in the original assessment order dated 18.12.2009. Therefore, according to the Ld. representative, the Assessing Officer reopened the assessment due to change of opinion. Hence, the consequential order passed by the Assessing Officer cannot stand in the eye of law.

4.

We heard Shri Hari Govind, the Ld. Departmental Representative also. Admittedly, the original assessment was completed on 18.12.2009 by an order under Section 143(3) of the Act. Subsequently, the Assessing Officer issued notice under Section 148 of the Act on 25.03.2014. Therefore, the reopening of assessment is beyond four years. It is not the case of the Revenue that any new material was brought on record. The issue of TDS was elaborately discussed by the Assessing Officer in the original assessment order dated 18.12.2009. Therefore, it is a clear case of change of opinion. Moreover, the notice under Section 148 of the Act was issued beyond the period of four years. Therefore, this Tribunal is of the considered opinion that in the absence of any negligence on the part of the assessee in furnishing required material, the completed assessment cannot be reopened.

Therefore, we are unable to uphold the order of the CIT(Appeals).

Accordingly, orders of both the authorities below are set aside.

5.

In the result, the appeal filed by the assessee is allowed.

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