2008 (2) TMI 309 - HC - Income Tax

Assessee procuring steel from SAIL & storing the same till it was necessary for dispatch to the destination on basis of statement of third party, notice of reassessment was issue to petitioners on ground that raw material procured from SAIL for actual use was sold for cash in the open market in unaccounted terms not proved that petitioners had allowed the two bogus firms statement of that third party not proved by any evidence notice u/s 147 is invalid

Summary

Issues:
1. Assessment of income for the assessment year 1982-83 under Section 143(3) of the Act.
2. Validity of notice under Section 148 for re-assessment of income for the assessment year 1982-83.
3. Allegations of steel procured from SAIL being sold in the open market at a premium.
4. Challenge to the notice under Section 147 for escaping assessment of income.

Issue 1: Assessment of income for the assessment year 1982-83 under Section 143(3) of the Act:
The petitioners, involved in designing, engineering, and supplying plants/structures, had customers providing Essentiality Certificates to procure steel from SAIL at concessional rates. The petitioners used agents for steel procurement and storage. The assessing officer completed the assessment under Section 143(3) for the year 1982-83, leading to an appeal by the petitioners.

Issue 2: Validity of notice under Section 148 for re-assessment of income for the assessment year 1982-83:
A notice under Section 148 was issued, alleging that the income for the year 1982-83 had escaped assessment. The petitioners challenged the notice, claiming that the requirements of Section 143 were not met, thus seeking to quash the notice.

Issue 3: Allegations of steel procured from SAIL being sold in the open market at a premium:
The Deputy Commissioner contended that the petitioners failed to prove the steel's specific use, suggesting that the steel procured for clients was sold in the market at a premium. The material seized during a search operation indicated alleged sales outside the books of accounts, raising suspicions of income escaping assessment.

Issue 4: Challenge to the notice under Section 147 for escaping assessment of income:
The petitioners argued that the notice under Section 147 lacked a factual basis or evidence to support the belief that income had escaped assessment. Statements and documents presented did not establish the alleged misconduct of selling steel in the open market. The court found the notice lacking material to justify the belief of income escapement, leading to its quashing.

This judgment addressed various issues related to the assessment and re-assessment of income for a specific year, focusing on allegations of misconduct regarding steel procurement and sales. The court scrutinized the notices issued under different sections of the Act, emphasizing the necessity of substantial evidence to support claims of income escapement. The lack of concrete material linking the petitioners to the alleged misconduct led to the court quashing the notice under Section 147. The judgment highlights the importance of factual substantiation in tax assessments and reiterates the legal standards required for initiating re-assessments based on income escapement suspicions.