2013 (6) TMI 67 - HC - Income Tax

Reassessment - charitable trust - registration u/s 12A - Held that - It is shocking to note that the Commissioner of Income Tax, Muzaffarnagar who passed the order has dropped the proceedings for cancellation of registration without assigning any reason. The order being bereft of any reason cannot be treated an order in the eyes of law. One fails to understand what impelled him to do so. It is a case where the then AO, Add. CIT - CIT, Muzaffarnagar have abdicated their duties. - The Court in the exercise of supervisory jurisdiction under Articles 226 and 227 of the Constitution of India cannot be a mute spectator. Such actions on the part of the department not only bring disrepute to the department but also encourages the dishonest assessees and promotes the nefarious activities which not only causes loss to revenue but also promotes dishonestly. An honest tax payer feels cheated. Let the matter be examined by the Chief Commissioner of Income Tax and appropriate departmental proceedings may be taken out against the erring officials. Order of Commissioner dropping proceeding under section 12AA (3), being bereft of reasons, is no order in the eyes of law and therefore it is liable to be ignored. The Commissioner of Income Tax is directed to pass fresh reasoned order after hearing the petitioner. - writ petition dismissed with cost of Rs.10,000/- payable by the petitioner within a period of one month. - Decided against the assessee.

Issues Involved:
1. Legality and validity of notice issued under section 148 of the Income Tax Act.
2. Dismissal of objections against the notice.
3. Reassessment proceedings for the Assessment Year 2006-2007.
4. Financial capacity and genuineness of donations received.
5. Alternative remedy of appeal.
6. Change of opinion and sufficiency of material for reassessment.
7. Validity of the order dropping proceedings for cancellation of registration under section 12A.
8. Conduct of income tax authorities and departmental proceedings.

Issue-wise Detailed Analysis:

1. Legality and Validity of Notice Issued under Section 148 of the Income Tax Act:
The petitioner challenged the notice issued under section 148, claiming it was unjustified since the assessment was completed under section 143(3) and all facts were disclosed. The court found that the notice was valid as the Assessing Officer had reasons to believe that the income had escaped assessment based on new material obtained after the initial assessment.

2. Dismissal of Objections Against the Notice:
The petitioner sought to quash the order dated 11th November 2010, which dismissed their objections to the notice. The court upheld the dismissal, emphasizing that the material obtained post-assessment indicated that the donations were not genuine and the income had indeed escaped assessment.

3. Reassessment Proceedings for the Assessment Year 2006-2007:
The petitioner argued that the reassessment proceedings were barred by the proviso to section 147 as they were initiated after four years. The court clarified that the four-year period starts from the end of the assessment year, making the notice issued on 19th April 2010 within the permissible time frame.

4. Financial Capacity and Genuineness of Donations Received:
The court scrutinized the financial capacity of Nav Jyoti Vikas Sansthan (NJVS), which allegedly donated Rs.1,55,00,000/- to the petitioner. It was revealed that NJVS had no financial capacity to make such donations, and the transactions were accommodation entries. The court noted that the Assessing Officer failed to examine the creditworthiness of NJVS during the initial assessment.

5. Alternative Remedy of Appeal:
The department argued that the petitioner had an alternative remedy of appeal if the reassessment order was adverse. The court acknowledged this but proceeded to examine the legality of the reassessment notice and the conduct of the income tax authorities.

6. Change of Opinion and Sufficiency of Material for Reassessment:
The petitioner contended that the reassessment was based on a mere change of opinion. The court rejected this argument, stating that the initial assessment order lacked any discussion on the genuineness of the donations and the creditworthiness of NJVS. The new material obtained justified the reassessment.

7. Validity of the Order Dropping Proceedings for Cancellation of Registration under Section 12A:
The court found the order dated 25th January 2008, dropping the proceedings for cancellation of registration under section 12A, to be invalid as it lacked any reasoning. The court directed the Commissioner of Income Tax to pass a fresh, reasoned order after hearing the petitioner.

8. Conduct of Income Tax Authorities and Departmental Proceedings:
The court expressed its dissatisfaction with the conduct of the income tax authorities, noting that they had abdicated their duties. The court directed the Chief Commissioner of Income Tax to examine the matter and take appropriate departmental proceedings against the erring officials.

Conclusion:
The court dismissed the writ petition, vacated the stay order, and directed the petitioner to appear before the Assessing Authority within one month. The reassessment proceedings were to be completed without further delay, and the period of limitation for completing these proceedings would begin when the petitioner appeared before the Assessing Authority. The petitioner was also ordered to pay costs of Rs.10,000/- within one month.

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