2015 (7) TMI 1398 - HC - Income Tax

Reopening of assessment u/s 147 - non independent application of mind by AO - HELD THAT - Objection was first raised both the Assessing Officer and the Commissioner of Income Tax (Central) took a stand that there is no error in the assessment order and no reassessment proceedings were warranted. Thereafter an officer in the office of the Commissioner of Income Tax (Central) informed the Assessing Officer of the desire of the Commissioner that a notice for reopening be issued. Thereafter when the case was transferred to Mumbai the Forwarding Memo also indicated that the case be reopened. Prima facie it appears that the reopening notice was issued without independent application of mind and/or directions of his superior. In view of the above the reopening notice dated 31 March 2014 is stayed. After the order disposing of the objections was passed on 27 January 2015 and served upon the petitioner on 10 February 2015 the Assessing Officer proceeded to pass the assessment order under Section 143(3) read with Section 147 of the Act on 11 February 2015. This action of the Assessing Officer is in defiance of and contrary to the directions of this Court in Asian Paints 2007 (1) TMI 159 - BOMBAY HIGH COURT and Aroni Coomercials Ltd. 2014 (2) TMI 659 - BOMBAY HIGH COURT wherein it has been held that after the orders disposing of the petitions is passed the Assessing Officer will not commence any proceedings for a period of four weeks from the date of disposing of the objections. In spite of the law being clearly laid down by this Court the Assessing Officer has proceeded to pass an order immediately after having disposed of the objections. The issue of action to be taken against the Assessing Officer Mr. P.D. Chougule in passing orders in defiance of the orders of this Court will be considered at the time of final hearing in the light of the explanation being offered by him.

Summary

Issues:
1. Challenge to notice under Section 148 of the Income Tax Act, 1961 for reopening assessment.
2. Defiance of court directions by Assessing Officer in passing assessment order immediately after disposing of objections.
3. Consideration of action against Assessing Officer for passing orders in defiance of court directions.

Analysis:
1. The petition challenged a notice dated 31 March 2014 issued under Section 148 of the Income Tax Act, 1961, seeking to reopen the assessment for the Assessment Year 2007-08. The court observed that the reopening was initiated based on audit objections without independent application of mind, leading to a stay on the reopening notice.

2. The court noted that after the order disposing of objections was passed and served, the Assessing Officer proceeded to pass the assessment order under Section 143(3) read with Section 147 of the Act on 11 February 2015. This action was deemed as defiance of court directions laid down in previous judgments. The court referred to precedents where it was held that the Assessing Officer should not commence any proceedings for a period of four weeks after disposing of objections. The Assessing Officer's immediate action was considered contrary to established legal principles.

3. The Assessing Officer filed an affidavit stating unawareness of the court order and offered an apology. However, no offer was made to withdraw the order passed in defiance of the court's directions. The court decided to consider the issue of action against the Assessing Officer at the final hearing based on the explanation provided by him. The interim relief was granted in terms of the prayer clause.

This judgment highlights the importance of following legal procedures and court directions in tax assessment matters, emphasizing the need for Assessing Officers to act in accordance with established legal principles and court rulings to ensure fair and just proceedings.