2013 (7) TMI 1038 - AT - Income Tax

Summary

Issues Involved:
1. Initiation of reassessment u/s 148 based on alleged income from Reliance Petrochemicals Limited.
2. Challenge to reassessment by the assessee and the Revenue.

Issue 1: Initiation of reassessment u/s 148 based on alleged income from Reliance Petrochemicals Limited:
The appeal and cross objection arose from the Commissioner of Income-tax (Appeals) order for the assessment year 1999-2000. The assessee, a US-based company, did not file a return in India claiming its income was not taxable. The initiation of reassessment was based on a tax evasion petition indicating income earned from India by the assessee but not filed in India. The assessment was completed by the Assessing Officer, but no addition was made on the alleged income from Reliance Petrochemicals Limited. The correctness of the name "Reliance Petrochemicals Limited" mentioned in the reasons recorded was challenged, as it should have been "Reliance Petroleum Limited." The reassessment was challenged by the assessee in a cross objection, arguing that since no addition was made on the alleged income, the entire reassessment order should be quashed.

Issue 2: Challenge to reassessment by the assessee and the Revenue:
The Assessing Officer initiated reassessment proceedings based on the alleged income from Reliance Petrochemicals Limited, but no addition was made on that account. The Revenue argued that there was a tripartite agreement between the assessee and Bechtel France, linking the addition made by the Assessing Officer. However, the assessee contended that there was no such agreement relevant to the assessment year. The Tribunal observed that no addition was made on account of income from Reliance Petrochemicals Limited, and the Assessing Officer lacked jurisdiction to make further additions. Citing legal precedents, it was held that unless the addition forming the basis of the reasons for reassessment is made, the Assessing Officer cannot proceed with making any other additions. Consequently, the reassessment order was set aside, and the cross objection of the assessee was partly allowed while the Revenue's appeal was dismissed.

In conclusion, the Tribunal found that the Assessing Officer lacked jurisdiction to make further additions when no addition was made on the alleged income from Reliance Petrochemicals Limited. The legal issue of jurisdiction was decisive in setting aside the reassessment order, rendering the merits of the additions moot. The cross objection of the assessee was partly allowed, and the Revenue's appeal was dismissed.