Real judgements, distilled

Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

Tax & Customs LawSupreme Court of India

Income Tax Officer Ward No.16(2) v. M/s TechSpan India Private Ltd.

Civil Appeal · 2018 INSC 396Decided 24 Apr 2018
Civil Appeal No. 2732 of 2007
Justice R.K. Agrawal · Justice Mohan M. Shantanagoudar

Background

TechSpan India, a software export company claiming a deduction under Section 10A of the Income Tax Act, had its assessment for 2001-02 completed after a detailed inquiry into how it allocated common expenses between its software and HR businesses. Years later, the Assessing Officer issued a notice to reopen the assessment, claiming the Section 10A deduction had been allowed in excess. The Delhi High Court quashed both the reopening notice and the reassessment order, holding it was based on a mere change of opinion, and the Revenue appealed to the Supreme Court.

Decision Breakdown

The Supreme Court held that Section 147 gives the tax department the power to reassess income that has escaped assessment, but not the power to "review" an assessment merely because the officer later takes a different view of facts already considered earlier: that would turn reassessment into an impermissible review. Relying on its earlier ruling in Commissioner of Income Tax v. Kelvinator of India, the Court found that the very same question, how common expenses should be allocated for the Section 10A deduction, had already been scrutinized during the original assessment, so the later notice was based on nothing but a change of opinion, not any new "tangible material." The Court therefore agreed with the High Court and dismissed the Revenue's appeal, with no order as to costs.

Lesson Learnt

Tax authorities cannot reopen an already-completed assessment simply because they have had second thoughts about facts they already examined the first time around: reassessment requires genuinely new information, not a mere change of opinion on old facts.

Income Tax Officer Ward No.16(2) v. M/s TechSpan India Private Ltd. – Legal Case Shots | LegalAware