Allowing the petition the Court held that in the course of original assessment proceedings the assessee has furnished party wise details advertisement and sales promotion expenses and purpose of its payment .Also furnished the details of TDS deducted on the said payments . Reassessment proceedings on basis of agreement entered in to by assessee with its dealer in subsequent year to treat the said expenditure as capital in nature is held to be without jurisdiction . The Reassessment proceedings are quashed . Followed Asian Paints Ltd v .Dy.CIT ( 2019)) 261 Taxman 380 ( Bom)( HC) ( AY. 2012-13 )
Asian Paints Ltd. v ACIT (2022) 285 Taxman 65 (Bom)(HC)/Editorial : SLP of Revenue is dismissed, ACIT, LTU v. Asian Paints Ltd. (2024) 298 Taxman 752 /466 ITR 281 (SC)
S. 147 : Reassessment – After the expiry of four years -Change of opinion -Capital or revenue -Advertisement and sales promotion expenses – Reassessment notice was quashed . [ S. 37(1), 148 Art , 226 ]