2006 (1) TMI 128 - HC - Income Tax

Assessment sought to be reopened on ground of underdisclosure of investment in construction of the house - only basis for reopening the assessment for the assessment years 1993-94 to 1996-97 was the report of the Valuation Officer - since the entire construction was not made in 1998, the BSR rates of 1998 cannot form the basis - no material on the basis of which the AO could have reason to believe that income has escaped assessment reassessment proceedings not valid

Summary

Issues:
Reassessment proceedings based on Departmental Valuation Officer's report, Jurisdiction of Assessing Officer to initiate reassessment, Relevance of material for formation of belief, Validity of reassessment proceedings.

Analysis:
The appeal before the High Court challenged the order of the Income-tax Appellate Tribunal regarding reassessment for the assessment year 1996-97. The respondent-assessee had constructed a house over several financial years, and the Income-tax Officer initiated reassessment based on the Departmental Valuation Officer's report, which estimated the construction value higher than the cost in the assessee's books. The Commissioner of Income-tax (Appeals) partly deleted the additions. Both the Revenue and the assessee appealed to the Tribunal, which found that the reassessment could not solely rely on the Valuation Officer's report without the Assessing Officer's independent satisfaction of income escapement. The Tribunal emphasized that the Assessing Officer's opinion on income escapement must be personal and not borrowed from another officer. While the Valuation Officer's report could provide some material, the Assessing Officer's belief should be based on relevant and not extraneous material.

The Tribunal concluded that the reassessment for the years in question was solely based on the Valuation Officer's report from a later year, using rates not applicable to the construction period. As there was no other material supporting the underdisclosure of investment, the initiation of reassessment proceedings lacked a valid foundation. The High Court agreed with the Tribunal's factual finding that the Assessing Officer's belief lacked supporting material, rendering the reassessment jurisdictionally flawed. The Court held that the use of 1998 rates for construction made in prior years was irrelevant, affirming the Tribunal's decision that no substantial legal question arose in the case. Consequently, the High Court dismissed the appeal, upholding the Tribunal's decision that the reassessment proceedings were without jurisdiction due to the absence of valid material supporting the belief of underdisclosure.