2017 (5) TMI 199 - AT - Income Tax

Reopening of assessment - AO reopened the case only on the basis of the investigation record - Held that - There is no dispute to the fact that the Assessing Officer has acted upon the basis of investigation report as is evident from the reasons recorded hereinabove and no independent application of mind was made. There is no statement on oath and letters of admission which were given to the assessee in spite of repeated request made and also the learned DR could not produce such statement on oath and letters of admission. In such circumstances and facts of the case, Assessing Officer does not acquire any jurisdiction to make assessment / re-assessment u/s.147/148 of the Act. See Signature Hotels P. Ltd. vs. Income Tax Officer 2011 (7) TMI 361 - Delhi High Court - Decided in favour of assessee

Summary

Issues Involved:
Appeal against order of CIT(A) - Arbitrary order, jurisdiction of AO, adequate opportunity of hearing, addition under section 68, denial of opportunity to produce parties/creditors, legal vs. merit grounds.

Arbitrary Order:
The assessee appealed against the CIT(A)'s order, claiming it to be arbitrary, illegal, violative of natural justice, and against the facts of the case. The grounds of appeal included challenges to the jurisdiction of the Assessing Officer (AO) in framing the assessment without complying with mandatory conditions under sections 147 to 153 of the Income Tax Act, 1961. The appellant argued that the AO erred in making an unwarranted addition of ?4,01,000 under section 68, despite proper explanation of the source of receipt. The appellant also contended that the AO failed to grant adequate opportunity of hearing and confront the adverse material used against the assessee.

Jurisdiction of AO:
The case involved the reopening of assessment under section 147, where the AO relied on an investigation report indicating that certain credits in the assessee's bank account were non-genuine. The AO initiated reassessment proceedings based on this report, but the appellant challenged this action. The appellant argued that the AO did not have jurisdiction to make the assessment/reassessment under sections 147/148 as there was no statement on oath or letters of admission on record, which were crucial for establishing the genuineness of the transactions. The tribunal held that without such evidence, the AO lacked jurisdiction to proceed with the assessment/reassessment.

Adequate Opportunity of Hearing:
The appellant raised concerns about the denial of sufficient opportunity to produce parties/creditors before the AO, especially those subject to addition under section 68 of the Income Tax Act. The appellant contended that the AO reopened the case solely based on the investigation report without independent application of mind, leading to a lack of proper opportunity for the assessee to present relevant parties or evidence. The tribunal considered this argument in conjunction with the jurisdictional issue and ultimately ruled in favor of the appellant, emphasizing the importance of providing a fair hearing in such matters.

Addition Under Section 68:
One of the key disputes in the case was the addition of ?4,01,000 under section 68 of the Income Tax Act. The AO made this addition based on the investigation report's findings that the credits in the assessee's bank account were non-genuine and lacked creditworthiness. However, the tribunal, while addressing the jurisdictional aspect, also examined the validity of this addition. Ultimately, the tribunal allowed the legal ground raised by the assessee, leading to the quashing of the assessment/reassessment, including the contested addition under section 68.

Legal vs. Merit Grounds:
The tribunal differentiated between legal and merit grounds raised by the appellant. While the legal ground related to the jurisdictional aspects and procedural fairness in the assessment/reassessment process, the merit grounds were deemed academic in nature following the tribunal's decision on the legal issues. As the appellant succeeded on the legal ground, the tribunal did not delve into the merit grounds, thereby concluding the appeal in favor of the assessee based on the jurisdictional deficiencies identified in the AO's actions.

This comprehensive analysis of the judgment highlights the key issues raised by the appellant, the arguments presented, and the tribunal's findings, emphasizing the significance of procedural fairness, jurisdictional clarity, and adherence to legal requirements in income tax assessments.