2016 (5) TMI 406 - AT - Income Tax

Reopening of assessment - reasons to believe - Held that - We find from the facts of the assessee that not only the notice was containing wrong address but the reasons recorded clearly showed that no satisfaction of having income escaped assessment, was recorded by the AO and the proceedings were initiated only for carrying out enquiries in respect of credits in the bank accounts. We agree with the finding of the ld. Commissioner of Income-tax(Appeals) that the information which was received from another Income-Tax Officer was only to be verified at the end of the AO, and the bank statement obtained from bank could not be the basis of reopening of the assessment. It is not discernible from the reasons recorded whether any income escaped the assessment. The order of the Ld. Commissioner of Incometax( Appeals) on the issue in dispute is well reasoned and no further interference is required from our side. Accordingly, we uphold the finding of the learned Commissioner of Income-tax(Appeals) in annulling the assessment passed by the AO being not in accordance to law. The ground of the appeal is, thus dismissed. - Decided against revenue.

Summary

Issues Involved:
- Validity of reassessment proceedings under section 147 of the Income-tax Act, 1961 for the assessment years 2004-05 and 2005-06.

Detailed Analysis:

Issue 1: Validity of Reassessment Proceedings for AY 2004-05
- The Revenue challenged the annulment of assessment for AY 2004-05 by the Ld. Commissioner of Income-tax(Appeals), arguing that the AO followed all statutory procedures for reopening the case under section 147 and framing the assessment under section 144 of the IT Act.
- The AO issued a notice under section 148 for initiating proceedings under section 147 based on undisclosed income entries in a bank account. The AO completed the assessment under section 144, adding the undisclosed income to the declared income.
- The Ld. Commissioner of Income-tax(Appeals) deleted the addition, stating that the proceedings initiated by the AO were not valid. The Revenue contended that the reassessment proceedings were lawful as the assessee did not participate in them.
- The Authorized Representative of the assessee argued that the reassessment proceedings were invalid due to issues with the notice service, lack of credible information for income escapement, and incorrect reasons recorded by the AO.
- The Tribunal upheld the Ld. Commissioner of Income-tax(Appeals)'s decision, stating that the notice contained a wrong address, no satisfaction of income escapement was recorded by the AO, and the proceedings were initiated solely for bank account inquiries, not income escapement. The Tribunal agreed that the bank statement obtained could not be the basis for reopening the assessment, as no income escapement was established.

Issue 2: Validity of Reassessment Proceedings for AY 2005-06
- The facts and grounds for AY 2005-06 were identical to those of AY 2004-05. Following the decision on the first appeal, the Tribunal dismissed the Revenue's appeal for AY 2005-06 as well.
- Both appeals of the Revenue were ultimately dismissed by the Tribunal, upholding the Ld. Commissioner of Income-tax(Appeals)'s findings on the invalidity of the reassessment proceedings for both assessment years.

This judgment highlights the importance of following due procedures and establishing valid reasons for reopening assessments under section 147 of the Income-tax Act to ensure the legality and validity of reassessment proceedings.