2015 (11) TMI 1523 - AT - Income Tax

Reopening of assessment - reasons to believe - Held that - No fresh material is brought by the Revenue on record but the assessment has been reopened on the basis of the return of income and the documents submitted alongwith the return of income. Therefore reopening of assessment is not valid. Hence, the same is quashed and accordingly, the assessment order passed in pursuance of the notice issued under section 148 is also quashed. Also see CIT vs. Orient Craft Ltd 2013 (1) TMI 177 - DELHI HIGH COURT - Decided in favour of assessee.

Summary

Issues:
Challenge to notice u/s. 148 and reassessment order u/s. 147 r.w.s. 143(3) for Assessment Year 2009-10.

Analysis:
The appeal was filed against the Order dated 29.1.2014 by the Ld. CIT(A), Muzaffarnagar for Assessment Year 2009-10. The only ground raised by the assessee was the illegality and lack of jurisdiction of the notice u/s. 148 and reassessment order u/s. 147 r.w.s. 143(3). The AO initiated action u/s. 147 based on the deduction of interest claimed by the assessee, which was found not related to business activities. The AO completed the assessment at a different amount, leading to an appeal before the Ld. CIT(A), who dismissed it. The Assessee then appealed before the Tribunal, challenging the notice u/s. 148 and reassessment order u/s. 147. The Assessee argued that the notice was illegal and without jurisdiction, citing judgments by the Delhi High Court. The Ld. DR supported the orders of the lower authorities.

During the hearing, the Ld. Counsel for the assessee mainly focused on challenging the notice u/s. 148 and reassessment proceedings. The AO's reasons for issuing the notice were related to the deduction claimed by the assessee, which was found to be not fully allowable under the Act. The contents of the notice and the reasons recorded by the AO were reproduced for reference. The Ld. Counsel cited judgments to support the argument that no fresh material was available with the AO for issuing the notice u/s. 148, rendering it illegal and without jurisdiction. The Ld. DR sought dismissal of the Assessee's appeal.

After considering the arguments and judgments cited, the Tribunal found that the assessment was reopened without any fresh material, similar to the decision in the case of CIT vs. Orient Craft Ltd. The Tribunal concluded that the reopening of assessment was not valid and quashed the assessment order passed under section 148. Consequently, the appeal filed by the Assessee was allowed. The other grounds raised by the Assessee did not require adjudication on merits since the assessment order was already quashed.

In conclusion, the Tribunal found in favor of the Assessee, ruling that the notice u/s. 148 and the reassessment order u/s. 147 were illegal and without jurisdiction, leading to the quashing of the assessment order.