2016 (7) TMI 1436 - AT - Income Tax

Reopening of assessment - receipt of gifts - reason to believe - non independent application of mind - Held that - Assessing Officer has recorded the reasons on the basis of information received from the Investigation Wing. There is no specific allegation in the reasons recorded with the information given by Investigation Wing. Therefore, it is apparent that AO has not applied his mind so as to come to an independent conclusion that he has reason to believe that income has escaped. There is failure on the part of the ld Assessing Officer in applying his own mind to the information available. On this count reassessment proceedings are not sustainable. The satisfaction recorded by the joint Commissioner of income tax Range-25, New Delhi wherein he has simply given approval stating that Yes I am satisfied . The above kind of satisfaction shows that Joint Commissioner did not apply his mind but signed on the dotted line. See CIT Vs. S Goenka Lime and Chemicals Ltd. 2015 (12) TMI 1334 - SUPREME COURT OF INDIA - Decided in favour of assessee

Issues Involved:
1. Validity of additions made on account of gifts received during the year.
2. Validity of assessment completed without serving mandatory notice u/s. 143(2).
3. Jurisdictional error in confirming assessment orders framed by the AO.
4. Adequacy of opportunity provided to the assessee during assessment proceedings.
5. Sufficiency of material considered by the CIT(A) in confirming the additions made by the AO.
6. Compliance with procedural requirements for invoking reassessment jurisdiction.

Analysis:

Issue 1: Validity of additions made on account of gifts received during the year
The assessee contested the addition of ?2,00,000 on account of gifts received, arguing that the CIT(A) erred in confirming the addition without proper consideration of facts and circumstances. The AO had raised concerns about the identity, genuineness, and creditworthiness of the donors. However, the Tribunal found that the AO failed to establish a clear link between the gifts and undisclosed income. The reassessment proceedings were deemed unsustainable due to the lack of proper application of mind by the AO, leading to the allowance of this ground of appeal.

Issue 2: Validity of assessment completed without serving mandatory notice u/s. 143(2)
The appellant challenged the assessment completed without serving the mandatory notice u/s. 143(2) within the statutory allowable period. The Tribunal noted that the failure to serve the notice deprived the assessee of a crucial procedural safeguard. This procedural irregularity further supported the decision to quash the reassessment proceedings, as the assessment was deemed ab-initio invalid.

Issue 3: Jurisdictional error in confirming assessment orders framed by the AO
The jurisdictional error raised by the appellant regarding the framing of assessment orders by the AO without proper jurisdiction was considered. The Tribunal reviewed the jurisdictional details provided by the appellant, highlighting the absence of proper jurisdiction with the assessing officer. This lack of jurisdiction further contributed to the decision to quash the reassessment proceedings.

Issue 4: Adequacy of opportunity provided to the assessee during assessment proceedings
The appellant argued that the CIT(A) confirmed the orders framed by the AO without providing adequate opportunity for cross-examination and without providing relevant material collected during the assessment. The Tribunal noted these procedural deficiencies, emphasizing the importance of providing a fair opportunity for the assessee to present their case. The lack of adequate opportunity further supported the decision to delete the additions made by the AO.

Issue 5: Sufficiency of material considered by the CIT(A) in confirming the additions made by the AO
The Tribunal reviewed the material considered by the CIT(A) in confirming the additions made by the AO. It was observed that the CIT(A) failed to provide cogent reasons or sufficient evidence to support the additions. This lack of proper consideration of material on record further strengthened the decision to delete the additions.

Issue 6: Compliance with procedural requirements for invoking reassessment jurisdiction
The Tribunal examined the procedural requirements for invoking reassessment jurisdiction, focusing on the reasons recorded by the AO and the satisfaction of the Joint Commissioner of Income Tax. It was found that the AO failed to apply his mind independently and that the Joint Commissioner's satisfaction lacked proper scrutiny. These procedural lapses led to the quashing of the reassessment proceedings, rendering other arguments raised by the appellant academic.

In conclusion, the Tribunal allowed the appeal, quashed the reassessment proceedings, and deleted the additions made by the AO, citing various procedural and jurisdictional errors throughout the assessment process.

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