Diebold Systems Private Limited v. ITO (OSD) (2019) 419 ITR 333 (Mad.)(HC)

S. 147 : Reassessment–Based on facts of later assessment year– Tangible material-Reassessment is held to be valid-Income derived from installation and maintenance of Atm Machines—Not entitled to deduction u/s. 80IA. [S. 80IA, 143(1), 143(3), 148]

Dismissing the appeal of the revenue the Court held that the assessment for the AY. 1999-2000 was completed under S.  143(1) of the Act accepting the income admitted in the revised return of income filed by the assessee and the assessment was reopened under section 147 based on the information which came to the notice of the Assessing Officer during the course of the assessment proceedings for the AY. 2001-02 during which the Assessing Officer found that the assessee did not carry out any maintenance work from its industrial unit at Pondicherry Court held that the reason for reopening was based upon tangible material which came to the notice of the Assessing Officer subsequent to the intimation under section 143(1). Therefore, the reassessment initiated under section 143(3) read with section 147 was legal and valid. (AY. 1999-2000)