S. 147 : Reassessment-With in four years-Change of opinion- Payment to related parties-Incentives to senior employees- Difference in VAT return and Turnover as per profit and loss account-Reconciliation-Questions asked in the course of original assessment proceedings-No discussion in the assessment order- Reassessment notice was quashed. [S. 40A(2)(b), 148, Art. 226]

The assessment of the petitioner was completed under section 143(3) of the Act. In the Couse of assessment proceedings the Assessing Officer has issued specific questions as regard the payments made to related parties in the form of incentives and also on the issue of difference in turnover VAT return and as per the profit and loss in the return of income . The petitioner gave the detailed reply after considering the said reply the Assessing Officer had not made any addition however there was no discussion in the assessment order. The Assessing Officer issued notice u/s 148 of the Act. In response to recorded reasons, the detail explanation was filed by the petitioner. The Assessing Officer passed the order disposing the objection.

The petitioner filed writ before the High Court. Allowing the petition the Court held that once a query is raised during the assessment proceedings and the assessee has replied to it, it follows that the query raised was a subject of consideration of the Assessing Officer while completing the assessment. It is not necessary that an assessment order should contain reference and/or discussion to disclose its satisfaction in respect of the query raised. The re-opening of the assessment by the impugned notice is merely on the basis of change of opinion from that held earlier during the course of assessment proceedings. This change of opinion does not constitute justification and/or reasons to believe that income chargeable to tax has escaped assessment. Followed Aroni Commercials Ltd. v. Dy. CIT [2014] 44 taxmann.com 304 / 224 Taxman 13 / 362 ITR 403 (Bom.)(HC). (AY. 2017-18). WP No. 1797 of 2022 dt. 25-4-2022

Maharashtra Oil Extraction Pvt. Ltd. v. Dy.CIT (Bom.) (HC) www.itatonline.org
CORAM : Hon’bel Shri Justice K.R. Shriram and Hon’bel Shri N.R. Borkar.