Cairn India Ltd v. Dy. DIT (IT) (2021) 283 Taxman 243 (Mad.)(HC)

S. 147 : Reassessment-After the expiry of four years-Deduction of tax at source-Non-Resident-Lessor deduction of tax at source-New information-Reassessment notice was held to be justified. [S. 148, 195, Art. 226]

Dismissing the  writ petition the Court held that the Assessing Officer was able to cull out from above material that TDS deducted was at lower rate and said issue was not adjudicated by original assessing authority.  The Assessing Officer was able to trace out the material from and material out of the material submitted by the  assessee, such new information or material would provide the Assessing Officer for reason to believe to reopen the assessment. Further, objections raised by assessee had been considered by revenue and had been disposed of-Whether, therefore, Assessing Officer had reason to believe to reopen assessment-Held, yes [Paras 21 to 23] [In favour of revenue] (AY.  2004-05)