Shanti Prime Publication Pvt. Ltd.
Section 37(1) & 147 of the Income-tax Act, 1961—Business expenditure— The ground on which assessment was reopened was already taken up during scrutiny that ground is nothing but an attempt to review its own decision.
Facts: Assessment of the assessee was reopened on the ground of of allocation of Research & Development Expenses. AO was of the view that assessee has intentionally indulged into such activities with a motive to reduce its taxable income by not disclosing the true nature of transactions in its books of account and the return of income.
Held, that ground on which reopening is sought, is essentially in respect of allocation of R&D expenses and the details furnished in the reasons recorded essentially are concerning allocating between SPI and SPS (Sikkim) and it is apparent from the record that SPS was not even in existence during the year under question. When on R&D expenses of the Company issue has been scrutinized extensively during the year under question, we are unhesitatingly of the opinion that this ground is nothing but an attempt to review its own decision and therefore, the same must fail on the jurisdictional ground alone. Not only the Assessing Officer has under scrutiny assessment dealt with the same in the previous years as well as in the year under question extensively, but, the same was also carried to CIT(A) which had finalized the said issue of allocation of R&D expenses by re-allocating 12.5% of all R&D expenditure as relating to formulations during the year under question, as detailed hereinabove while dealing with the same. In wake of the reasonings given in the records of reasoning; particularly emphasizing on SPS which never existed and when all other angles otherwise are examined sufficiently and elaborately, this appears to be an attempt pure and simple to review its own order alongwith other materials found in relation to the first issue. Therefore, the notice for re-opening on this count shall need to fail. - SUN PHARMACEUTICAL INDUSTRIES LTD. V/s DY. CIT - [2018] 2 ITCD Online 123 (GUJ)