2014 (9) TMI 1142 - HC - Income Tax

Reopening of assessment - reassessment was pursued by the Assessing Officer on the other issues for which reasons were not recorded - Held that - Since the reassessment proceedings could not be carried on the original grounds the Tribunal was justified in dismissing the appeal as it was not open for the Assessing Officer to expand the scope of reassessment by including some other issues. Therefore no substantial question of law arises.

Summary

Issues:
1. Applicability of section 147 of the Income Tax Act, 1961 for reassessment.
2. Validity of reassessment based on reasons recorded.
3. Competence of Assessing Officer to continue proceedings on other issues not mentioned in the recorded reasons.
4. Interpretation of judgments by Bombay and Delhi High Courts regarding reassessment.

Analysis:

1. The appeal was filed challenging an order passed by the Income Tax Appellate Tribunal for the assessment year 2006-2007. The appellant questioned the Assessing Officer's power to assess or reassess income chargeable to tax that has escaped assessment under section 147 of the Income Tax Act, 1961.

2. The Tribunal, upholding the CIT (Appeal) order, reopened the case based on the reasons recorded during the assessment proceedings for the assessment year 2007-08. The Tribunal found that the deposit claimed as refundable after 270 years was not shown as part of the sale consideration, leading to the reassessment.

3. The Tribunal's order was based on the premise that the Assessing Officer cannot expand the scope of reassessment by including issues not mentioned in the recorded reasons under section 148(2) of the Act. The Tribunal referred to judgments by the Bombay and Delhi High Courts, emphasizing that reassessment should primarily focus on income that escaped assessment based on recorded reasons.

4. The Tribunal highlighted that the Revenue had accepted the Tribunal's decision for the assessment year 2007-08, and the reassessment proceeding was dropped. However, the Assessing Officer pursued reassessment on other issues without recorded reasons. The Tribunal, following the judgments of the Bombay and Delhi High Courts, concluded that reassessment should be limited to the income for which reasons were recorded initially.

In conclusion, the Tribunal dismissed the appeal, stating that the Assessing Officer was not authorized to broaden the reassessment scope beyond the recorded reasons. The judgments by the Bombay and Delhi High Courts were cited to support the limitation on reassessment. Therefore, the Tribunal found no substantial question of law and upheld the dismissal of the application and appeal.