Rupa Infotech & Infrastructure Pvt. Ltd. Vs DCIT (ITAT Mumbai)
CBDT-Approved Tech Park: ITAT Quashes 148 Beyond Four Years in 80IA Case- AO Cannot Re-Review Old Facts—Reopening Held Void No New Material, No Reopening
Tribunal considered Assessee’s challenge to reopening u/s 147 & disallowance of deduction u/s 80IA(4)(iii). Assessee had developed a CBDT-approved Software Technology Park satisfying the 52-unit condition, & AO had already allowed deduction of Rs.4.69 crore during original assessment u/s 143(3). Reopening was done on 28.03.2019—beyond four years—based only on annual report & audited accounts already on record. Tribunal noted that reasons did not identify even a single fact not fully or truly disclosed during original scrutiny & that issues were examined in detail earlier, including list of 87 units, 52 occupants, architect certificates & CBDT approval.
Tribunal held that AO brought no new tangible material, & reopening was only a re-appraisal of the same facts, which is impermissible after four years as per first proviso to s.147. Tribunal relied on Asian Paints, Kelvinator & reiterated that AO cannot review under the guise of reassessment. Once the s.148 notice is bad, the reassessment order becomes void. As reopening was quashed, the disallowance of Rs.98,30,536 on resale of reacquired units became merely academic. Tribunal accordingly allowed the appeal in full.
