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2017 (1) TMI 59 - HC - Income TaxValidity of reopening of assessment - Held that - Required notice has been sent and reasons for issuance of notice/initiation of proceeding have also been disclosed to the petitioner. The argument of the petitioner regarding receipt of query letter by Maruti Nandan Sah can also be looked into by the Assessing Officer. Required sanction was also obtained from competent authority. In such situation, the Court is not inclined to entertain the writ petition for quashing the notice issued under Section 148 of the Act. Rather, it will be appropriate for the petitioner to approach the Assessing Officer and reply the notice. It is always open for the petitioner to take all the pleas before the Assessing Officer which he has taken before the Court. It is not the case of the petitioner that the Authority has not proceeded as per relevant provisions of the Act or is proceeding in the mater in defiance of the fundamental principles of judicial procedure, or has not/is not providing proper opportunity of hearing to the petitioner. In view of the above, the Court is not inclined to grant any relief to the petitioner. The writ petition is, accordingly, dismissed.
Issues Involved:
1. Legality of the notice issued under Section 148 of the Income Tax Act, 1961. 2. Validity of the reassessment proceedings initiated based on AIR information. 3. Compliance with CBDT instruction no. 1/2009. 4. Proper service of notice under Section 148. 5. Jurisdictional authority of the Assessing Officer to issue notice under Section 148. Detailed Analysis: 1. Legality of the notice issued under Section 148 of the Income Tax Act, 1961: The petitioner sought to quash the notice issued under Section 148 dated 31.03.2016, purporting to reassess the income for the Assessment Year (A.Y.) 2009-10. The petitioner argued that the notice was based on erroneous and unrelated AIR information pertaining to another individual, Maruti Nandan Sah, and not the petitioner AOP. The court found that the Assessing Officer had recorded reasons and obtained necessary approval before issuing the notice, fulfilling the requirements under Section 148. The court concluded that the notice was legally issued and did not quash it. 2. Validity of the reassessment proceedings initiated based on AIR information: The petitioner contended that the reassessment proceedings were initiated based on AIR information related to Maruti Nandan Sah, an individual, and not the petitioner AOP. The respondent argued that the AIR information indicated discrepancies in the petitioner AOP's accounts, justifying the reassessment. The court noted that the Assessing Officer had reason to believe that income had escaped assessment based on the AIR information and that the reassessment proceedings were initiated in compliance with the relevant legal provisions. The court did not find the reassessment proceedings invalid. 3. Compliance with CBDT instruction no. 1/2009: The petitioner argued that the respondent department failed to adhere to CBDT instruction no. 1/2009, which mandates issuing a query letter before proceeding with the issuance of a notice under Section 148. The respondent countered that a query letter was issued, and the petitioner was given an opportunity to respond. The court observed that the petitioner had indeed responded to the query letter and had the opportunity to present objections. The court found that the department had complied with the CBDT instructions. 4. Proper service of notice under Section 148: The petitioner claimed that the notice under Section 148 was improperly served on an individual, Nirmal Kumar, who was neither the assessee nor an authorized representative. The respondent maintained that the notice was served at the premises of the assessee, and the authorized representative received it. The court held that the notice was duly served, and the petitioner had responded to it, indicating that the service was effective. The court did not find any procedural lapse in the service of the notice. 5. Jurisdictional authority of the Assessing Officer to issue notice under Section 148: The petitioner challenged the jurisdiction of the Assessing Officer to issue the notice under Section 148, arguing that the reasons for reopening the assessment were unrelated to the petitioner AOP. The respondent contended that the Assessing Officer had the authority to issue the notice based on the AIR information indicating income escapement. The court referred to the Supreme Court's judgment in ACIT vs. Rajesh Jhavari Stock Brokers Pvt. Ltd., which upheld the Assessing Officer's power to initiate reassessment proceedings if the conditions under Section 147 are met. The court concluded that the Assessing Officer had the jurisdiction to issue the notice and initiate reassessment proceedings. Conclusion: The court dismissed the writ petition, finding that the notice under Section 148 was legally issued, the reassessment proceedings were valid, the department complied with CBDT instructions, the notice was properly served, and the Assessing Officer had the jurisdiction to issue the notice. The court directed the petitioner to present all objections before the Assessing Officer, who would consider them independently in accordance with the law. The court did not express any opinion on the merits of the case.
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