Rushil Decor Ltd. v. Asst. CIT (2024) 300 Taxman 432 (Guj.)(HC)

S.147: Reassessment-After the expiry of four years-Income from other sources-Interest income-Credit for Tax deducted at source-Change of opinion-No failure to disclose material facts-Reassessment notice and order disposing the objection is quashed. [S. 56, 143(3), 148, Art. 226]

Assessing Officer issued reassessment notice on ground that assessee did not claim TDS credit corresponding to interest income and, hence, assessee had not offered income corresponding to unclaimed TDS and assessee’s income for year under consideration had escaped assessment. On writ the Court held that during original assessment, Assessing Officer raised a query calling upon assessee to explain as to why TDS credit corresponding to interest income was not claimed by assessee.  Assessee explained that TDS was deducted on interest given on electricity security deposit in respect of a unit of assessee which was sold by assessee to one SAPL and had also transferred electricity connection, however, due to procedural time consumed in transferring name of electricity connection in name of said company, bills of electricity charges were issued in name of assessee and even interest advice was also issued in name of assessee after deducting TDS.  There was no failure on part of assessee to fully and truly disclose all material facts during assessment for year under consideration. Since the Assessing Officer on same material arrived at a reason to believe that income had escaped assessment impugned reopening notice was a mere change of opinion on part of Assessing Officer. Accordingly the notice and order disposing the objection is quashed.(AY. 2015-16)

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