Facts of the
Case
The assessee, Chintels India Limited, engaged in
horticulture, agriculture and real estate business, filed its return for AY
2008-09. No notice under Section 143(2) or Section 142(1) was issued within the
statutory period. Subsequently, a search and seizure operation was conducted
under Section 132.
Following the search, notice under Section 153A was
issued requiring filing of returns for earlier assessment years. During
assessment proceedings, the Assessing Officer disallowed depreciation of Rs.
84,84,910 claimed on software allegedly purchased from Macro Infotech Limited.
The Revenue found that the supplier entity was
non-existent and allegedly part of accommodation entry operations. The assessee
contended that payment was made through banking channels and that the software
was used for business purposes and later handed over under a joint development
arrangement. The Assessing Officer rejected the explanation and treated the
transaction as bogus.
Issues
Involved
- Whether an assessment can be considered “pending” under Section 153A
when no notice under Section 143(2) was issued within limitation?
- Whether depreciation on software is allowable where the genuineness
of purchase and business use remains unproved?
- Whether the ITAT was justified in sustaining additions based on
alleged bogus software purchases?
Petitioner’s
Arguments (Assessee’s Contentions)
- The assessee argued that in absence of issuance of notice under
Section 143(2) within the prescribed period, the return attained finality.
- It relied on CBDT Circular No. 549 and judicial precedents holding
that absence of notice under Section 143(2) ends scrutiny jurisdiction.
- It contended that the software purchase was genuine, supported by
banking transactions and accounting entries.
- It argued that statements relied upon by Revenue were not supplied,
violating principles of natural justice.
- It submitted that no incriminating material relating to AY 2008-09
was found during the search.
Respondent’s
Arguments (Revenue’s Contentions)
- The Revenue contended that the assessment for AY 2008-09 was
pending on the date of search and validly assessable under Section 153A.
- It argued that the supplier company was non-existent and merely
issuing bogus bills.
- It submitted that the assessee failed to prove installation,
ownership, or business use of the software.
- The concurrent factual findings of AO, CIT(A), and ITAT established
the bogus nature of the transaction.
Court
Findings / Order
For AY
2008-09
The Court held that where no notice under Section
143(2) is issued within the statutory period, the return attains finality and
cannot be treated as a pending assessment for purposes of Section 153A.
The ITAT erred in treating the assessment as
pending. The appeal for AY 2008-09 was allowed in favour of the assessee.
For AY
2009-10 and 2010-11
The Court upheld the concurrent factual findings
that the software purchase lacked genuineness.
The assessee failed to prove ownership,
installation, and actual business use of the software. Consequently, depreciation
was rightly disallowed.
Both appeals were dismissed.
Important
Clarifications by the Court
1. Finality
of Return Without Section 143(2) Notice
If no scrutiny notice under Section 143(2) is
issued within the prescribed period, the return becomes final and assessment
proceedings terminate.
2. Section
153A Cannot Revive Finalized Assessments Without Basis
A finalized return cannot be treated as pending
merely because an intimation under Section 143(1) was issued later.
3.
Depreciation Requires Proof of Genuine Asset and Business Use
Mere accounting entries and banking transactions are insufficient without proving existence, ownership, and business utilization of the asset
Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2017:DHC:3692-DB/SMD19072017ITA5812016.pdf
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