2016 (11) TMI 1627 - AT - Income Tax

Reopening of assessment u/s 147 - non deciding objections of the assessee against initiation of reassessment proceedings by passing a separate speaking order - HELD THAT - AO has not passed any speaking order against the said objections so filed by assessee, which is a mandatory requirement as has been held by Hon'ble Apex Court in the case of M/s GKN Driveshafts (India) Ltd vs ITO 2002 (11) TMI 7 - Supreme Court reopening order held void. - Decided in favour of assessee.

Summary

Issues involved:
1. Validity of reassessment proceedings.
2. Compliance with procedural requirements for reopening assessment.
3. Disposal of objections filed by the assessee against reassessment proceedings.
4. Adherence to legal principles and precedents in passing assessment orders.

Detailed Analysis:
1. Validity of reassessment proceedings:
The appeal was directed against the order of the Commissioner of Income Tax (Appeals) for the assessment year 2005-06. The reassessment proceedings were initiated based on a rough cash book seized during a search action, alleging that the assessee had advanced a specific amount to a group. The Commissioner of Income Tax (Appeals) upheld the validity of the reassessment proceedings and additions made by the Assessing Officer, leading to the appeal before the Tribunal challenging both the reopening and the additions on merits.

2. Compliance with procedural requirements for reopening assessment:
The assessee contended that the Assessing Officer did not follow the proper procedure for reopening the assessment. The notice under section 148 was issued without providing reasons initially, and objections raised by the assessee were not decided in accordance with legal requirements. The Assessing Officer failed to comply with the law laid down by the Hon'ble Supreme Court regarding furnishing reasons within a reasonable time and disposing of objections by passing a speaking order.

3. Disposal of objections filed by the assessee against reassessment proceedings:
The Assessing Officer did not pass any order disposing of the objections filed by the assessee against the reassessment proceedings. The chronology of events presented by the assessee indicated a lack of proper adjudication of objections, with no separate order available on record. The non-compliance with legal precedents and procedural requirements regarding the disposal of objections against reopening led to the appeal challenging the assessment order.

4. Adherence to legal principles and precedents in passing assessment orders:
The Tribunal emphasized the duty of the Assessing Officer to decide objections against reassessment proceedings by passing a separate speaking order. Failure to adhere to this legal requirement, as established by the Hon'ble Supreme Court and Bombay High Court, rendered the assessment order void of jurisdiction. The Tribunal set aside the impugned order, citing the Assessing Officer's violation of legal procedures and principles of natural justice, ultimately allowing the appeal of the assessee.

In conclusion, the Tribunal's judgment focused on the importance of procedural compliance, proper disposal of objections, and adherence to legal precedents in reassessment proceedings, ultimately leading to the allowance of the assessee's appeal.