During assessment proceedings, assessee claimed promotional expenses incurred by it on promotional articles distributed to doctors for promotion of assessee’s products.\u00a0 Assessing Officer disallowed one-third of such expenses on ground that recipient details and documentary evidence thereof was not furnished\u00a0 and\u00a0 allowed balance expenses.\u00a0 Reopening notice was issued against assessee on ground that entire expenditure on promotional articles should have been disallowed in view of CBDT Circular No. 5 of 2012. On writ the Court held that\u00a0 it was an admitted position as per reasons recorded that issue was examined during course of assessment proceedings and one-third of promotional expenses were disallowed and balance expenses were allowed, pre-condition of failure to disclose fully and truly all material facts necessary for assessment could not be satisfied. Failure, if there was any, it was on part of Assessing Officer for not disallowing entire expenditure earlier, not on assessee. Rherefore\u00a0 reopening amounted to a mere change of opinion. Reassessment notice and order disposing the objection was quashed.\u00a0 (AY. 2009-10)<\/p>\n","protected":false},"excerpt":{"rendered":"
S. 147 : Reassessment-After the expiry of four years-Business expenditure-Promotional articles distributed to doctors for promotion-Change of opinion-Reassessment notice and order disposing the objection was quashed. [S. 37(1), 148, Art. 226] <\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[21],"tags":[],"class_list":["post-59051","post","type-post","status-publish","format-standard","hentry","category-income-tax-act"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-fmr","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/59051","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=59051"}],"version-history":[{"count":1,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/59051\/revisions"}],"predecessor-version":[{"id":59052,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/59051\/revisions\/59052"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=59051"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=59051"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=59051"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}