2018 (9) TMI 1798 - AT - Income Tax

Validity of assessment u/s 153A - order of assessment being issued after the statutorily permitted time is barred by limitation - order barred by limitation - Held that - We found that there is no dispute raised by the Revenue in respect of serving of order on 06.04.2015 but the fact remains that the Revenue could not demonstrate with evidence that the order was prepared and has left office of AO on date of passing of the order, whereas the ld. DR submitted that the above order was prepared and was sent to the Additional/Joint Commissioner of Income Tax for approval before serving on the assessee and the order was passed on 30.03.2015. The reassessment order is dated 30.03.2015 and the same was served on 06.04.2015, which is not disputed by the Revenue and which is similar facts of the decision of coordinate bench of the Tribunal in case of Geetarani Panda 2018 (7) TMI 1888 - ITAT CUTTACK , where service of order is barred by limitation. Accordingly, we set aside the orders of lower authorities and allow the additional grounds of appeal of the assessee

Issues Involved:
1. Addition of ?1,16,667 on account of investments in Margadarshi Chitfund.
2. Addition of ?89,816 on account of unexplained investment in house property.
3. Addition of ?6,51,925 on account of deposits in the bank account.
4. Addition of ?24,000 on account of investments in Sri Ram Chits (P) Ltd.
5. Validity of reassessment order passed under Section 153A(b)/254 of the Income Tax Act, 1961, due to being barred by limitation.

Detailed Analysis:

1. Addition of ?1,16,667 on account of investments in Margadarshi Chitfund:
The Commissioner of Income Tax (Appeals) [CIT(A)] confirmed the addition based on surmises, which the appellant argued was contrary to the weight of evidence on record. However, this specific ground was not pressed during the hearing as the primary focus was on the additional ground related to the limitation of the reassessment order.

2. Addition of ?89,816 on account of unexplained investment in house property:
The CIT(A) confirmed this addition, ignoring the appellant's submissions regarding the cost of construction in a locality with a population of less than 5 lakhs. Similar to the first issue, this ground was not pressed during the hearing.

3. Addition of ?6,51,925 on account of deposits in the bank account:
The CIT(A) confirmed the addition, disregarding the cash flow statement filed by the appellant explaining the source of the deposits. This ground was also not argued during the hearing.

4. Addition of ?24,000 on account of investments in Sri Ram Chits (P) Ltd.:
The CIT(A) confirmed this addition based on surmises, contrary to the weight of evidence on record. This ground was not pressed during the hearing.

5. Validity of reassessment order passed under Section 153A(b)/254 of the Income Tax Act, 1961, due to being barred by limitation:
The primary contention during the hearing was that the reassessment order dated 30.03.2015 was served on the appellant on 06.04.2015, which was beyond the limitation period. The appellant argued that the original assessment order dated 31.12.2007 was served on 16.02.2008, making it null and void due to the delay in service. The reassessment order was similarly argued to be barred by limitation.

The Tribunal admitted the additional ground of appeal and proceeded to hear the case. The Tribunal noted that the original assessment was completed on 31.12.2007, and the reassessment was directed by the Tribunal to be done de novo. The reassessment was completed on 30.03.2015, determining a total income of ?9,49,855.

The appellant argued that the reassessment order was served beyond the limitation period, citing various judicial precedents. The Department contended that the reassessment order was correctly served after obtaining necessary approvals from higher authorities.

The Tribunal referred to its earlier decisions and other judicial precedents, emphasizing that the service of the reassessment order beyond the limitation period rendered it invalid. The Tribunal observed that the reassessment order was indeed served on 06.04.2015, beyond the prescribed period, and thus was barred by limitation.

Conclusion:
The Tribunal set aside the orders of the lower authorities, holding that the reassessment order was barred by limitation. Consequently, the appeals for the assessment years 2004-2005, 2005-2006, and 2006-2007 for different assessees were allowed.

Judgment:
All the appeals filed by the different assessees were allowed, with the reassessment orders being declared as barred by limitation. The detailed analysis and judicial precedents supported the conclusion that the reassessment orders were not served within the statutory period, rendering them null and void.

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