DCIT, CHENNAI vs. MERIT TECHNOLOGY INDIA LTD., CHENNAI
What did the Tribunal hold?
The Tribunal held that the CIT(Appeals) was justified in deleting the disallowance, relying on the jurisdictional High Court's judgment that reassessment proceedings consequent to initiation of rectification proceedings are not in accordance with law.
What were the facts?
The Assessing Officer initiated reassessment proceedings under Section 147 after dropping rectification proceedings under Section 154. The CIT(Appeals) deleted the disallowance, holding that reassessment proceedings initiated after dropping rectification proceedings were not permissible.
What were the issues?
Whether reassessment proceedings under Section 147 can be initiated after dropping rectification proceedings under Section 154. Whether initiating two overlapping proceedings (rectification and reassessment) is legally valid.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide 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.
- CIT v. E.I.D. Parry Ltd.6 citing216 ITR 489 · 1995 · HC
- Damodar H. Shah v. ACIT6 citing245 ITR 774 · 2000 · HC
Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI A. MOHAN ALANKAMONY
आदेश /O R D E R
PER N.R.S. GANESAN, JUDICIAL MEMBER:
This appeal of the Revenue is directed against the order of the Commissioner of Income Tax (Appeals) -8, Chennai, dated 31.03.2016 and pertains to assessment year 2007-08.
The notice of hearing was served on the assessee by RPAD.
The Registry has placed on record the postal acknowledgement as proof of service of notice on the assessee. Inspite of receipt of notice, the assessee chose to remain absent. Therefore, we heard the Ld. Departmental Representative and proceed to dispose of the appeal on merit.
Shri A.V. Sreekanth, the Ld. Departmental Representative, submitted that the Assessing Officer completed the assessment by an order dated 30.11.2010. Subsequently, the Assessing Officer found that the assessee has made belated remittance of tax deducted at source on sub-contract payment after 31.03.2007 and also there are certain unexplained expenses. Accordingly, the Assessing Officer issued notice under Section 154 of the Income- tax Act, 1961 (in short 'the Act') for rectification. Subsequently, the Assessing Officer dropped the proceedings initiated under Section 154 of the Act and issued notice under Section 148 of the Act on 26.03.2014. According to the Ld. D.R., the CIT(Appeals) found that the Assessing Officer having dropped the proceedings initiated under Section 154 of the Act, ought not to have initiated the proceedings for reopening of assessment under Section 147 of the Act. Accordingly, the CIT(Appeals) deleted the disallowance made by the Assessing Officer in reassessment proceedings. Placing reliance on the judgment of Kerala High Court in CIT v. India Sea Foods (2011) 332 ITR 424, the Ld. D.R. submitted that where rectification proceedings were initiated by the Assessing Officer under Section 154 of the Act are dropped as rectification was not permissible, the Assessing Officer can very well initiate proceedings under Section 147 of the Act to bring to tax the income escaped assessment. Therefore, according to the Ld. D.R., the CIT(Appeals) is not justified in deleting the addition made by the Assessing Officer.
We have considered the submissions of the Ld. Departmental Representative and perused the relevant material available on record. From the material available on record it appears that the assessee filed return of income on 31.10.2007 admitting a total income of `57,02,237/-. Finally, the return was processed under Section 143(1) of the Act and intimation was issued on 26.09.2008. Subsequently, the Assessing Officer found that the income escaped assessment under Section 147 of the Act.
Accordingly, he reopened the assessment by issuing notice under Section 148 of the Act on 16.07.2009. The Assessing Officer has also completed the assessment after issuing notice under Section 148 of the Act on 30.11.2010. Thereafter, the Assessing Officer found that the assessee has paid the tax deducted at source belatedly after 31st March, 2007 and also there were unexplained expenses. Accordingly, he issued notice for initiating proceedings under Section 154 of the Act. During the pendency of proceedings initiated under Section 154 of the Act, the Assessing Officer has also issued notice once again under Section 148 of the Act on 26.03.2014 for reopening of assessment for second time. The CIT(Appeals) found that the reopening of assessment for second time is nothing but on change of opinion. He also placed his reliance on the judgment of Madras High Court in CIT v. E.I.D Parry Ltd. (1995) 216 ITR 489 and found that the Assessing Officer chose to initiate proceedings for rectification initially. However, he also initiated proceedings under Section 148 of the Act. Two proceedings initiated by the Assessing Officer – one under Section 154 of the Act and another under Section 147 of the Act, are overlapping each other. Therefore, the proceedings initiated by the Assessing Officer for reopening of assessment cannot stand in the eye of law. The CIT(Appeals) has also referred to the judgment of Gujarat High Court in Damodar H. Shah v. ACIT (2000) 245 ITR
Accordingly, the CIT(Appeals) found that initiation of reassessment proceedings consequent to initiation of rectification proceedings are not in accordance with law. Accordingly, he deleted the disallowance made by the Assessing Officer. This Tribunal is of the considered opinion that the CIT(Appeals) has rightly placed his reliance on the judgment of jurisdictional High Court in E.I.D Parry Ltd. (supra), therefore, there is no reason to interfere with the order of the lower authority and accordingly, the same is confirmed.
In the result, the appeal filed by the Revenue is dismissed.
Order pronounced on 25th November, 2016 at Chennai.
More judgments on Section 154
- Income Tax Officer, Jaipur vs Rakesh Kumar Malani, JaipurITA 1425/JPR/2026[2025-26]Status: Disposed21 Oct 2026AY 2025-26
- Income Tax Officer, Jaipur vs Anita Sharma, JaipurITA 1344/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Ramtirath Bawa, Nagpur vs ITO Ward3(4), NagpurITA 327/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Mohinder Singh, Nagpur vs ITO Ward 3(4), NagpurITA 322/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Ramakrishna Reddy Makireddy, Hyderabad vs ACIT, Circle-5(1), HyderabadITA 70/HYD/2026[2007-08]Status: Disposed16 Oct 2026AY 2007-08
Recent GST High Court judgments
Search GST case law →- Sh Umang Uniyal vs. Commissioner Department Of Central Goods And Services TaxUttarakhand · 16 Oct 2026
- Paresh Textiles Prop Paresh Gudhka vs. Superintendent Range Iv Div VBombay · 15 Oct 2026
- M/S Palladium Constructions PVT LTD. vs. Principal Commissioner Of Central TaxKarnataka · 15 Oct 2026
- M/S. Vk Construction vs. The Deputy State Tax Officer - IiMadras · 15 Oct 2026
- Tvl. Sri Bhuvaneshwari And Co vs. The Deputy Commissioner (St)Madras · 15 Oct 2026