2015 (10) TMI 2481 - AT - Income Tax

Reopening of assessment - Held that - Assessing Officer has simply reopened the assessment for the purpose of verification of the certain transactions. In our opinion, when the Revenue wanted to verify the correctness of certain transactions, the proper course is to issue the notice u/s 143(2) within time. If the Revenue failed to issue notice u/s 143(2), it cannot resort to section 148 for the purpose of verification of certain transactions. Notice u/s 148 can be issued only when the Assessing officer records his satisfaction with regard to escapement of income. In the reasons recorded, there is no mention of the escapement of income; therefore, in our opinion, reopening of assessment is not valid and the same is quashed and consequentially, the assessment order passed in pursuance to such notice is also quashed. - Decided in favour of assessee

Summary

Issues:
1. Validity of reopening assessment under section 148 for verification of certain transactions without mentioning escapement of income.

Analysis:
The appeal before the Appellate Tribunal ITAT Ahmedabad was directed against the order of the Learned Commissioner of Income-Tax (Appeals) for Assessment Year 2006-07. The main issue raised in the appeal was the validity of the Assessing Officer's decision to issue a notice under section 148 and make an assessment under section 147 of the Income Tax Act without establishing the escapement of income. The reasons recorded for reopening the assessment highlighted the need for verification of certain transactions related to shares and securities made through group companies controlled by an individual. The Tribunal noted that the Assessing Officer had reopened the assessment merely for verification purposes without any mention of income escapement in the reasons recorded.

Upon detailed examination of the case, the Tribunal concluded that the proper course for the Revenue to verify transactions is by issuing a notice under section 143(2) within the stipulated time. The Tribunal emphasized that section 148 can only be invoked when there is satisfaction regarding income escapement, which was lacking in this case. As the reasons recorded did not establish income escapement, the Tribunal held that the reopening of the assessment was invalid. Consequently, the Tribunal quashed both the reopening of assessment and the assessment order passed based on such invalid notice.

Given the quashing of the assessment order, the Tribunal ruled that the additions made by the Assessing Officer, which were challenged on merit in the appeal, no longer required adjudication as the assessment itself had been invalidated. Therefore, the Tribunal allowed the assessee's appeal, setting aside the assessment order and the additions made therein. The order was pronounced in court on 21st October 2015 at Ahmedabad, with the appeal being allowed in favor of the assessee.