2015 (3) TMI 1339 - AT - Income Tax

Reopening of assessment - non supplying of reasons to believe to assessee - Held that - We find that this letter is nothing but a questionnaire served upon the assessee. By any stretch of imagination, a questionnaire cannot replace or supplement the supply of reasons to the assessee which in the light of the judicial decisions discussed hereinabove is sine-qua- non for reassessment - DR could not adduce any evidence which could suggest that the reasons were actually supplied to the assessee. Considering the facts of the case in the light of the judicial decisions referred to hereinabove, we set aside the assessment order for want of jurisdiction and quash the reassessment order for both the years under consideration. - decided in favour of assessee,

Summary

Issues: Jurisdiction of Officer for reopening assessment

The judgment involves two appeals by the assessee against two separate orders of the Ld. CIT(A)-XXVI, Mumbai for assessment years 1998-99 & 1999-2000, challenging the jurisdiction of the Officer for reopening the assessment. The original assessment was made under section 143(3) of the Act, and a notice was issued under section 148 of the Act for reopening the assessment. The assessee contended that the reasons for reopening were not provided, and the reassessment proceedings were initiated without disclosing the reasons. The Ld. CIT(A) relied on findings from earlier assessment years and upheld the reopening. The assessee cited various decisions, including a Supreme Court case, to support their argument that failure to provide reasons for reopening renders the reassessment invalid. The Tribunal considered relevant legal positions and precedents, emphasizing the importance of supplying reasons for reopening assessments. The Tribunal set aside the assessment orders for both years, quashing the reassessment due to lack of jurisdiction.

Analysis:

The judgment primarily revolves around the challenge to the jurisdiction of the Officer for reopening the assessment by the assessee. The Tribunal consolidated two appeals concerning assessment years 1998-99 & 1999-2000, as the assessee raised common grounds of appeal. The crux of the issue lies in the failure to provide reasons for reopening the assessment, as required under the law. The original assessment was reopened through a notice under section 148 of the Act, but the assessee argued that the reasons for such reopening were not communicated. This lack of disclosure was a pivotal point of contention throughout the proceedings.

The Ld. CIT(A) considered the validity of the assessment and upheld the reopening, drawing support from findings in previous assessment years. However, the assessee, supported by legal counsel, presented a strong case citing various decisions, including a Supreme Court judgment, to emphasize the necessity of providing reasons for reopening assessments. The Tribunal delved into the legal intricacies surrounding the obligation to disclose reasons, highlighting the quasi-judicial nature of assessment proceedings post initiation. The Tribunal referenced relevant legal precedents and decisions to underscore the significance of supplying reasons to the assessee in a timely manner.

Ultimately, the Tribunal found merit in the assessee's argument regarding the lack of jurisdiction due to the absence of reasons for reopening. The Tribunal scrutinized a letter presented as a questionnaire by the Revenue authorities, emphasizing that it did not fulfill the requirement of supplying reasons. In the absence of concrete evidence indicating the provision of reasons to the assessee, the Tribunal concluded that the reassessment order lacked jurisdiction. As a result, the Tribunal quashed the reassessment for both years under consideration, highlighting the importance of adhering to legal procedures and precedents in such matters.

In conclusion, the judgment underscores the critical importance of providing reasons for reopening assessments to maintain the validity and jurisdiction of reassessment proceedings. The meticulous analysis of legal positions and precedents by the Tribunal highlights the significance of procedural compliance in tax matters, ultimately leading to the favorable outcome for the assessee in this case.