2016 (8) TMI 1138 - AT - Income Tax

Validity of reopening of assessment - Held that - Assessing Officer has not applied his mind while recording the reasons to believe that the income escaped the assessment and he has acted only in a mechanical manner. Thus, the reassessment proceedings completed under Section 147 r.w.s. 143 of the Act in the present case in question are thus, held as void-ab-initio. - Decided in favour of assessee

Summary

Issues:
1. Validity of assessment order made by Assessing Officer
2. Jurisdiction under section 147 of the Income Tax Act
3. Addition of ?20 lakhs under section 68 of the Income Tax Act
4. Application of mind by Assessing Officer in reassessment proceedings

Validity of Assessment Order:
The appellant challenged the assessment order made by the Assessing Officer, contending it was bad in law and void ab-initio. The Commissioner of Income Tax (Appeals) rejected the appellant's contention. The appellant raised objections regarding the validity of the initiation of reopening proceedings, but both the Assessing Officer and the Commissioner of Income Tax (Appeals) ruled against the appellant. The ITAT reviewed the case and found that the reasons recorded by the Assessing Officer were identical to another case where the Tribunal had held the initiation of proceedings invalid due to the lack of application of mind by the Assessing Officer. Consequently, the ITAT allowed the appeal of the assessee, holding the assessment order as void-ab-initio.

Jurisdiction under Section 147:
The Assessing Officer initiated proceedings under Section 147 of the Income Tax Act based on information received, adding ?20 lakhs from a specific account to the total income of the assessee. The appellant challenged the reassessment proceedings, arguing that the Assessing Officer did not apply his mind and acted mechanically. The ITAT compared the reasons recorded by the Assessing Officer in this case with another case and found them to be identical. Citing the previous Tribunal decision, the ITAT concluded that the Assessing Officer had not applied his mind, rendering the reassessment proceedings void-ab-initio. As a result, the ITAT allowed the appeal of the assessee.

Addition under Section 68:
The Commissioner of Income Tax (Appeals) confirmed the addition of ?20 lakhs made by the Assessing Officer under section 68 of the Income Tax Act. The appellant contended that section 68 was not applicable in this situation, citing judicial pronouncements. However, the Commissioner upheld the addition. Since the reassessment proceedings were deemed void-ab-initio by the ITAT, the issue of the addition under section 68 became irrelevant.

Application of Mind in Reassessment Proceedings:
The ITAT analyzed the reasons recorded by the Assessing Officer in the present case and compared them with another case where the Tribunal had found the initiation of proceedings invalid due to the lack of application of mind. The ITAT observed that the reasons were identical, indicating a mechanical approach by the Assessing Officer. Consequently, the reassessment proceedings were held void-ab-initio. As a result of quashing the reassessment proceedings, the other grounds raised by the appellant were considered moot, and the appeal was allowed.

This detailed analysis of the judgment highlights the key issues involved and the ITAT's decision on each issue, providing a comprehensive understanding of the legal aspects addressed in the case.