RVR TECHNOLOGIES LTD.,MANDIDEEP vs. ADDL. CIT-RANGE-3, BHOPAL

ITA 276/IND/2023Status: DisposedITAT Indore30 May 2024AY 2009-10Bench: SHRI VIJAY PAL RAO (Judicial Member), SHRI B.M. BIYANI (Accountant Member)25 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that the reopening of assessment was invalid as it was based on the same facts and records available during the original scrutiny assessment, constituting a change of opinion. However, the issue of disallowance of bonus was set aside to the AO for verification of actual payment in the subsequent year.

What were the facts?

The assessee's assessment was reopened based on the AO's belief that income escaped assessment due to power and fuel expenses claimed against Unit-I, despite NIL sales, purchase, and stock for that unit. The assessee argued that all details were disclosed during the original scrutiny assessment, making the reopening a case of change of opinion.

What were the issues?

The primary issue was the validity of reopening the assessment based on a change of opinion. Another issue involved the disallowance of bonus expenses.

Which sections of the Income-tax Act were involved?

Section 147,Section 143(3),Section 271E,Section 57,Section 43B,Section 36(1)(iv),Section 36(1)(va),Section 2(24)(x)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(26)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, INDORE BENCH, INDORE

Before: SHRI VIJAY PAL RAO & SHRI B.M. BIYANI

For Appellant: Shri Ashish Goyal, and N.D
For Respondent: Shri Ashish Porwal, Sr. DR
Hearing: 15.04.2024Pronounced: 30.04.2024

Per Vijay Pal Rao, JM :

These three appeals by assessee are directed against the three separate orders of the Commissioner of Income Tax (Appeal), National Faceless Appeal Centre, Delhi arising from reassessment order passed u/s 147 r.w. section 143(3), penalty order passed u/s 271E of the Act and assessment order passed u/s 143(3) for A.Ys. 2008-09, 2009-10 & 2014-15 respectively. For A.Y.2008-09 the assessee has raised following grounds of appeal:

ITANo.275 to 277/Ind/2023 RVT Technologies Ltd. “1.On the facts and in the circumstances of the case, the honourable CIT(A) was not justified in confirming the issue of notice u/

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →