2015 (10) TMI 2633 - AT - Income Tax

Validity of reopening of assessment u/s. 147 - Held that - We find that in the reasons supplied to the assessee, at the time of issuing unsigned reasons the AO had not mentioned anything as what was the basis of arriving at the conclusion of escapement of income, that also in the reasons recorded he had not mentioned that the escapement of income was due to failure of the assessee to disclose truly and fully the material facts. Considering the various factors-like supplying unsigned reasons, existence of two different sets of reasons for issuing 148 notice, not adjudicating objections raised by the assessee, reopening of assessment after a very long period, relying on the statements of third party that were not confronted to the assessee etc.-we are of the opinion, that the notice u/s.148 had been issued without the jurisdictional foundation u/s.147 being available to the AO and that the notice and the subsequent proceedings were without jurisdiction. - Decided in favour of the assessee.

Summary

Issues:
Validity of reopening of assessment u/s. 147 of the Act and merits of the case.

Analysis:
1. The case involved the reassessment of an individual engaged in the business of manufacturing and trading of readymade garments and fabrics. The assessment was reopened under section 147 of the Act based on the AO's findings regarding accommodation bills obtained by the assessee from specific parties for inflating expenses and evading taxes.

2. The primary issue was the validity of the reassessment under section 147. The AO's reasons for reopening the assessment were challenged by the assessee, contending that they were based on suspicion and lacked tangible evidence. The FAA forwarded the objections to the AO for verification, who upheld the reopening citing approval from the Addl CIT.

3. The assessee further objected to the reopening, highlighting discrepancies in the reasons provided, lack of jurisdictional foundation, and failure to address objections raised. The AR argued that the notice was unsigned and objections were disregarded, while the DR supported the FAA's decision.

4. The Tribunal analyzed various legal precedents related to the issue of reopening assessments. It referred to cases such as Hemant Traders, Vidya Sagar, and Haryana Acrylic Manufacturing Co. to emphasize the importance of valid reasons for reopening assessments and the need for proper communication and disposal of objections raised by the assessee.

5. Ultimately, the Tribunal found that the notice under section 148 was issued without the necessary jurisdictional foundation under section 147. It noted discrepancies in the reasons provided, failure to address objections, reliance on unverified third-party statements, and the absence of essential details in the reasons for reopening. Consequently, the Tribunal held the reassessment invalid and allowed the appeal in favor of the assessee.