PCIT v. Network Programme India Ltd. (2023) 295 Taxman 335 / (2024) 461 ITR 37(Delhi)(HC)

S. 147 : Reassessment-Capital work-in-progress-Change of opinion-Audit objection-No fresh tangible material-Order of Tribunal is affirmed.[S.143(3) 148 260A]

Tribunal  held that the  Assessing Officer had not recorded his satisfaction that income chargeable to tax had escaped assessment. Reasons recorded did not advert to any tangible material which had triggered reassessment proceeding. Assessee had made full disclosure relating to why it had debited expenses incurred by it on software development for business purposes, in note appended to computation of income. Assessee mentioned in note that cost incurred on certain marketable software products under developments were brought forward from previous year as capital WIP and due to uncertainty in revenue which could be realized in future from marketing such products, management had charged off to profit and loss account and since amount was for software developed for business purpose, same was of revenue nature, and was claimed as deduction Tribunal was justified in holding that impugned reopening of assessment was a change of opinion and reassessment proceeding could not have been triggered merely on basis of audit objection, without any fresh tangible material. Order of Tribunal is affirmed.  (AY. 2002-03)