2012 (12) TMI 655 - AT - Income Tax

Validity of assessment u/s 147 Notice u/s 148 was issued on the basis of sufficient material on record, including the order u/s 263 Order u/s 263 had been cancelled by the ITAT - Assessee had claimed deduction u/s 80IA which was observed to be non - genuine and non- admissible by the AO Assessee contended that the assessments have been framed without issue of notice u/s 143(2) Held that - As the said notices u/s 148 were issued within six years i.e. within stipulated period. Following the principles of natural justice we deem it fit to restore the present issues back to the file of the CIT (Appeals) to decide the same de - novo in accordance with law after affording reasonable opportunity of hearing to the assessee. Remand back to CIT(A)

Summary

Issues Involved:
1. Validity of assessments under section 147/148 of the Income Tax Act.
2. Issuance and service of notice under section 143(2).
3. Jurisdiction of the Income Tax Officer (ITO).
4. Deduction under section 80IA.
5. Assessment of income from other sources.
6. Allowance of depreciation.
7. Assessment of short-term capital gains.
8. Addition of unexplained unsecured loans under section 68.
9. Levy of interest under sections 234A and 234B.
10. Procedural fairness and opportunity of hearing.

Detailed Analysis:

1. Validity of Assessments under Section 147/148
The Revenue appealed against the Commissioner of Income Tax (Appeals) [CIT(A)]'s decision to quash the assessments made under section 147 on the grounds that the notice under section 148 was based on an order under section 263, which had been canceled by the ITAT. The Tribunal noted that the reasons recorded for reopening the assessments did not solely rely on the canceled section 263 order and were within the six-year limitation period. The Tribunal remitted the issue back to the CIT(A) for a fresh decision, emphasizing that each assessment year is distinct and the principles of res judicata do not apply.

2. Issuance and Service of Notice under Section 143(2)
The assessee contended that the assessments were invalid due to the non-issuance of notice under section 143(2). The Tribunal observed that this issue was similar to the one in the assessment year 1998-99, where the matter was remitted back to the CIT(A) for a fresh decision. The Tribunal followed the same approach for the current assessment years, directing the CIT(A) to decide the issue de novo.

3. Jurisdiction of the Income Tax Officer (ITO)
The assessee challenged the jurisdiction of the ITO in initiating proceedings under section 147 and completing the assessments. The Tribunal did not specifically address this issue but remitted it back to the CIT(A) along with other issues for a fresh decision.

4. Deduction under Section 80IA
The ITO had disallowed the deduction claimed under section 80IA, questioning the genuineness of the manufacturing activities and the employment of ten or more workers. The Tribunal noted that similar issues had been raised in the assessment year 1998-99 and remitted the matter back to the CIT(A) for a fresh decision.

5. Assessment of Income from Other Sources
The ITO had assessed certain amounts as income from other sources, arguing that the profits from the business could not exceed 2%. The Tribunal remitted this issue back to the CIT(A) for a fresh decision, as it was intertwined with the other issues under consideration.

6. Allowance of Depreciation
The ITO had held that depreciation is mandatory and must be allowed irrespective of whether the assessee claims it. The Tribunal remitted this issue back to the CIT(A) for a fresh decision.

7. Assessment of Short-term Capital Gains
The ITO had assessed short-term capital gains based on the revalued value of assets. The Tribunal remitted this issue back to the CIT(A) for a fresh decision, noting that it was part of the broader issues under consideration.

8. Addition of Unexplained Unsecured Loans under Section 68
The ITO added certain amounts as unexplained unsecured loans under section 68. The Tribunal remitted this issue back to the CIT(A) for a fresh decision, as it was part of the broader issues under consideration.

9. Levy of Interest under Sections 234A and 234B
The assessee contended that the interest levied under sections 234A and 234B was excessive and should be deleted. The Tribunal remitted this issue back to the CIT(A) for a fresh decision.

10. Procedural Fairness and Opportunity of Hearing
The assessee argued that the ITO failed to provide a proper opportunity of hearing and did not address preliminary objections. The Tribunal emphasized the principles of natural justice and remitted the issues back to the CIT(A) to ensure a fair hearing and decision.

Conclusion
The Tribunal remitted all issues back to the CIT(A) for a fresh decision, emphasizing the principles of natural justice and the need for a fair hearing. The appeals filed by the Revenue and the Cross Objections filed by the assessee were allowed for statistical purposes.