2023 (1) TMI 1269 - HC - Income Tax

Revision u/s 264 - validity of Reopening of assessment u/s 147 - notice u/s 148 was not validly served - HELD THAT - The assessment order takes note of the fact that the notice issued under section 148 of Income Tax Act was served upon the Assessee and categorical findings has been recorded and the assessment order was passed. As there was no challenge to the findings recorded by the Assessing Authority, the Revisional Authority has not ventured into the arena and has dismissed the revision of the Assessee. The argument raised by the petitioner has no legs to stand as the findings recorded by the Assessing Authority was not put to challenge by the Assessee before any Forum. Raising of plea before this Court under Article 226 of the Constitution of India is not maintainable as the findings recorded by the Assessing Authority was never challenged before the Appellate/Revisional Forum.

Summary

Issues:
1. Validity of notice under Section 148 of the Income Tax Act.
2. Assessment proceedings for the year 2007-08.
3. Revision under Section 264 of the Income Tax Act.
4. Service of notice and compliance by the Assessee.
5. Challenge to findings recorded by the Assessing Authority before the Revisional Authority.

Analysis:
1. The petitioner contended that no valid notice under Section 148 of the Income Tax Act was issued to the Assessee. It was argued that the Revisional Authority did not address the grounds raised by the Assessee regarding the validity of the notice. The petitioner emphasized that the Revisional Authority was obligated to consider and decide on the issues raised in the revision under Section 264 of the Income Tax Act.

2. The respondents, on the other hand, pointed out that the Assessing Authority had made specific findings regarding the service of notice to the Assessee. The Assessing Authority detailed the attempts made to serve the notices, including through speed post and affixture. The Court was directed to specific paragraphs in the assessment order highlighting the various unsuccessful attempts to reach the Assessee for compliance with the assessment proceedings.

3. The Court noted that the assessment order acknowledged the service of the notice under Section 148 of the Income Tax Act to the Assessee. Since the findings of the Assessing Authority were not contested by the Assessee before the Revisional Authority, the Revisional Authority did not delve into the matter of notice service. The Court emphasized that without challenging the findings at the appropriate forum, raising the issue before the Court under Article 226 of the Constitution of India was not maintainable.

4. Ultimately, the Court found that the petitioner's argument lacked merit as the findings of the Assessing Authority regarding notice service were not disputed before any relevant forum. Consequently, the Court dismissed the petition, affirming the validity of the assessment order passed by the Income Tax Department for the assessment year 2007-08.