2011 (1) TMI 348 - AT - Income Tax

Reopening of assessment - Whether valid service of notice has been served upon the assessee within the limitation provided u/s 149 (1) (b) of the Act - The notice could be served at any point of time before the expiry of 6 years, if AO has reasons to believe that income has escaped assessment but, such reasons are also to be communicated to the assessee before the expiry of the limitation otherwise validity of such notice could not be sustainable - Held that notice u/s 148 has not been served within the period of limitation upon the assessee - In the result ,the appeal of the assessee is allowed

Issues involved:
1. Validity of notice u/s 148 served by the Assessing Officer within the period of limitation.
2. Reopening of assessment and justification thereof.
3. Addition of unexplained gifts received by the assessee.
4. Charging of interest u/s 234 (A) and 234(B) of the Income Tax Act.

Issue 1: Validity of notice u/s 148 served by the Assessing Officer within the period of limitation:
The appellant raised multiple submissions challenging the validity of the notice served by the Assessing Officer. The appellant contended that the notice u/s 148 was served just two days before the expiry of the 6-year period, and the reasons for reopening were not provided within the stipulated time frame. The appellant relied on the decision of the Hon'ble Jurisdictional High Court in a similar case to argue that failure to supply reasons within 6 years renders the notice invalid. The Tribunal analyzed the legal provisions and the High Court's decision, emphasizing that the notice and reasons must be provided within the statutory period for the notice to be valid. The Tribunal, following the High Court's authoritative interpretation, held that the notice served in this case was not within the period of limitation, rendering the assessment unsustainable and subsequently quashed the assessment.

Issue 2: Reopening of assessment and justification thereof:
The appellant contested the reopening of the assessment, arguing that it was not justified in the eyes of the law. The appellant's counsel referred to previous judgments and legal provisions to support the argument that the Assessing Officer's actions were not in accordance with the statutory requirements. However, the Tribunal did not delve into this issue extensively as it found the notice served to be invalid due to non-compliance with the statutory timeline. Therefore, the Tribunal did not address the justification of the reopening separately.

Issue 3: Addition of unexplained gifts received by the assessee:
One of the grievances raised by the appellant was the addition of Rs. 49 lakhs on account of alleged unexplained gifts received. The appellant contended that this addition was unjustified. However, due to the primary issue of the validity of the notice, the Tribunal did not delve into the merits of this specific addition. Since the assessment was quashed based on the notice's invalidity, the Tribunal did not address the substantive issue of the addition of unexplained gifts separately.

Issue 4: Charging of interest u/s 234 (A) and 234(B) of the Income Tax Act:
The appellant further argued that the Assessing Officer erred in charging interest under sections 234 (A) and 234(B) of the Income Tax Act. However, given the Tribunal's finding on the primary issue of the notice's validity, it did not address this specific contention separately. The Tribunal's decision to quash the assessment based on the notice's invalidity rendered the question of charging interest moot in this context.

In conclusion, the Tribunal allowed the appeal of the assessee based on the finding that the notice u/s 148 was not served within the statutory limitation period, rendering the assessment unsustainable. As a result, the Tribunal did not delve into the other issues raised by the appellant, such as the justification of the reopening of assessment, the addition of unexplained gifts, or the charging of interest. The decision was pronounced in favor of the assessee on 14th January 2011.

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