2016 (6) TMI 135 - HC - Income Tax

Reopening of assessment - reason to believe recorded by the Assessing Officer are based on the information that was gathered by the Excise Department from the statements of the two partners of the firm during the search and the material found during further investigation - Held that - The facts constitutes a relevant material for the purpose of invoking the provisions of Section 147 of the Act. At the stage of issue of notice, what has to be seen is whether there was relevant material upon which a reasonable person could have formed the requisite plea. The contention of learned counsel for the petitioner that proceedings under Section 147 of the Act should be kept in abeyance till the Customs Excise and Service Tax Appellate Tribunal decides the appeal cannot also be accepted. The petitioner would have to furnish requisite material information to the Assessing Officer in proceedings initiated under Section 147 of the Act.

Summary

Issues:
1. Quashing of proceedings under Section 147 of the Income Tax Act for assessment years 2009-10, 2010-11, and 2011-12.
2. Rejection of objections against the re-opening of assessment for assumption of jurisdiction by the Income Tax Officer.
3. Validity of reasons to believe recorded by the Assessing Officer.
4. Jurisdiction of the Income Tax Officer under Section 147 of the Act.
5. Requirement to keep proceedings in abeyance until appeal decision by the Tribunal.

Analysis:

1. The petitioner sought the quashing of proceedings initiated under Section 147 of the Income Tax Act for the assessment years 2009-10, 2010-11, and 2011-12. The petitioner operated a commercial training institute and faced a demand-cum-show cause notice for service tax. The Income Tax Assessing Officer issued notices for escaped income assessment based on partners' statements. The objections to the re-opening of assessment were rejected, leading to the petition.

2. The Assessing Officer's reasons to believe were founded on information from partners' statements and investigation material, considered relevant for invoking Section 147 of the Act. The court emphasized the need for relevant material at the notice stage to support the reasonable formation of a plea, rejecting the petitioner's argument against the sufficiency of reasons.

3. The petitioner contended that proceedings under Section 147 should await the Customs Excise and Service Tax Appellate Tribunal's appeal decision. However, the court ruled that the petitioner must provide necessary information to the Assessing Officer in Section 147 proceedings, dismissing the plea to keep the proceedings in abeyance until the Tribunal's decision.

4. The court dismissed the petition, finding no merit in the petitioner's arguments. The judgment upheld the Assessing Officer's jurisdiction under Section 147, based on relevant material from partners' statements and investigation findings. The decision also clarified the petitioner's obligation to furnish information during assessment proceedings, regardless of pending appeals.

This detailed analysis of the judgment provides insights into the legal reasoning behind the court's decision on each issue raised in the case.