2017 (2) TMI 124 - HC - Income Tax

Reopening of assessment - notice under Section 133 - Held that - So far as submission on behalf of the Revenue that during the assessment proceedings the learned Assessing Officer did not hold any inquiry and called for the information from the concerned share applicants and/or did not issue any notice to the concerned share applicants under Section 133 of the IT Act is concerned, it is required to be noted that the assessee did furnish all the necessary details with respect to share applicants including the names, address and even the PAN card number. Thereafter, if the Assessing Officer is doubting the same, it is for the Assessing Officer to issue the notices under Section 133 of the IT Act. If the learned Assessing Officer is satisfied that the reply given by the assessee and/or the details furnished by the assessee, the learned Assessing Officer may not even thereafter issue the notice under Section 133 of the IT Act. However, on the aforesaid ground the reopening is not permissible. In view of the above and for the reasons stated above, when it has been found that the reasons / grounds on which the assessment is sought to be reopened were already gone into in detail by the learned Assessing Officer while framing the scrutiny assessment and after raising the specific queries with respect to increase in the share capital, with respect to share application money and the income of the assessee from the trading in fabrics, only thereafter when the learned Assessing Officer framed the assessment, the impugned reassessment proceeding is not permissible.

Issues Involved:
1. Validity of reassessment notice under Section 148 of the Income Tax Act, 1961.
2. Alleged escapement of income chargeable to tax for AY 2011-12.
3. Grounds for reopening assessment: Increase in share capital, share application money, and expenditure/income from sales.

Issue-wise Detailed Analysis:

1. Validity of Reassessment Notice under Section 148 of the Income Tax Act, 1961:
The petitioner challenged the reassessment notice dated 28.03.2016 issued under Section 148 of the IT Act, arguing that it was based on a mere change of opinion by the subsequent Assessing Officer. The petitioner contended that all relevant details regarding the increase in share capital, share application money, and expenditure were provided during the original scrutiny assessment under Section 143(3). The court noted that the reasons for reopening the assessment were already examined in detail during the original scrutiny assessment, and the necessary details were furnished by the assessee. Therefore, the court held that the reassessment notice was invalid as it was based on a mere change of opinion, which is not permissible under the law.

2. Alleged Escapement of Income Chargeable to Tax for AY 2011-12:
The Assessing Officer sought to reopen the assessment alleging that the income chargeable to tax had escaped assessment. The reasons included the increase in share capital, share application money, and income from sales. The petitioner argued that these issues were already examined during the original assessment, and all necessary details were provided. The court found that the Assessing Officer had indeed raised specific queries regarding these issues during the original assessment, and the petitioner had furnished all required information. Therefore, the court concluded that there was no new material to justify the reopening of the assessment, and the alleged escapement of income was not substantiated.

3. Grounds for Reopening Assessment:
- Increase in Share Capital: The Assessing Officer questioned the increase in share capital by ?1,65,00,000 and the receipt of share premium of ?16,59,88,800. The petitioner provided all necessary details, including confirmation letters, bank statements, and PAN numbers of the share applicants during the original assessment. The court noted that the Assessing Officer had examined these details and was satisfied with their genuineness at that time. Therefore, reopening the assessment on this ground was deemed a change of opinion.

- Share Application Money: The Assessing Officer raised concerns about the share application money of ?30,15,00,000 received from various entities. The petitioner had provided detailed information about these entities, including their addresses and PAN numbers, during the original assessment. The court found that the Assessing Officer had already examined these details and was satisfied with their genuineness. Hence, reopening the assessment on this ground was also considered a change of opinion.

- Expenditure/Income from Sales: The Assessing Officer questioned the income from sales of shirting fabrics and the purchase expenditure of paper. The petitioner explained that the business involved trading in fabrics and that the mention of paper purchase was a typographical error. The court noted that the Assessing Officer had raised specific queries regarding these transactions during the original assessment, and the petitioner had provided satisfactory explanations. Therefore, reopening the assessment on this ground was not justified.

Conclusion:
The court concluded that the reassessment notice was invalid as it was based on a mere change of opinion by the subsequent Assessing Officer. The issues raised for reopening the assessment were already examined in detail during the original scrutiny assessment, and the necessary details were provided by the petitioner. Therefore, the court quashed and set aside the impugned reassessment notice dated 28.03.2016 issued under Section 148 of the Income Tax Act, 1961. The rule was made absolute, and no costs were awarded.

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