2016 (8) TMI 1040 - HC - Income Tax

Reopening of assessment - Held that - The petitioner is not guilty of not disclosing fully and truly all material facts necessary for the relevant assessment year. In such circumstances, hold that invocation of provision of Section 148 by the Assessing Officer is unwarranted for the relevant assessment year.

Summary

Issues:
Assessment under Section 148 for the assessment year 1993-1994.

Analysis:
The petitioner challenged a notice invoking Section 148 of the Income Tax Act, 1961 for the assessment year 1993-1994. The petitioner argued that they had made full disclosures in the return filed and that the Assessing Officer had considered all relevant heads during assessment under Section 143(3). The petitioner contended that the notice lacked reasons and that the Assessing Officer's jurisdiction to invoke Section 148 was questionable. The Department argued that the petitioner should have raised objections before the Assessing Officer instead of rushing to the High Court. Citing relevant case law, the Department emphasized the importance of allowing the Assessing Officer to decide on objections before approaching the Court.

The Court considered the arguments and previous intervention in a similar case involving the same petitioner. The Court found that the invocation of Section 148 for the assessment year 1993-1994 was unjustified. The Court specifically analyzed the four aspects mentioned in the notice - technical knowhow fees, excise duty, payment to club, and guest house expenses. It was observed that the petitioner had disclosed all necessary facts related to these aspects during assessment. The Court referenced case law emphasizing the Assessee's right to receive reasons for Section 148 notices and to file objections, which should be addressed by the Assessing Officer in a reasoned order.

Given the prolonged pendency of the writ petition and the Court's previous ruling on a similar matter, the Court decided in favor of the petitioner. The Court held that the petitioner had not withheld any material facts and that the Assessing Officer's invocation of Section 148 was unwarranted. Consequently, the Court quashed the notice and reasons provided in support of it, thereby allowing the petitioner's writ petition. No costs were awarded in the judgment.