2017 (5) TMI 724 - AT - Income Tax

Reopening of assessment - non permission from competent authority - Held that - In the earlier first round proceedings before ITAT, the Tribunal while deciding the departmental appeal and cross objections of assessee vide order dated 30th January, 2012 restored the matter back to the file of Assessing Officer to redeciding objections of the assessee u/s 147 of the I.T. Act and addition on merit. The assessee filed objections to the reopening of the assessment before Assessing Officer. However Assessing Officer did not decide the objections of the assessee in the set aside proceedings. Therefore the reassessment orders are liable to be quashed. The issue is covered in favour of the assessee by order in the case of M/s. Shiva Rubber Industries vs. ITO 2017 (5) TMI 416 - ITAT DELHI wherein held competency of ITO cannot be doubted and challenged as the assessment drafted by the ITO is final assessment and the CIT(A) making the approval regarding assessment is not valid. - Decided in favour of assessee.

Summary

Issues:
Challenging reassessment orders without complying with mandatory conditions of section 147 to 151 and non-compliance with Tribunal directions. Addition of Rs. 12,50,000 and Rs. 6 lacs on property purchase.

Analysis:

Issue 1: Compliance with Section 147 to 151 and Tribunal Directions
The assessee challenged the reassessment orders for not complying with mandatory conditions of section 147 to 151 and non-compliance with Tribunal directions. The ITAT had directed the Assessing Officer to decide the objections of the assessee under section 147/148 of the Income Tax Act and decide the additions on merits afresh. However, the Assessing Officer failed to adjudicate the objections raised by the assessee during the set-aside proceedings. The ITAT's previous order emphasized the importance of the Assessing Officer complying with the provisions of the Act and considering the objections raised by the assessee before making the assessment under section 147. Failure to do so rendered the reassessment invalid, as established in previous cases such as M/s. S. Power Pvt. Ltd. vs. ITO and PCIT vs. Tupper Ware India Pvt. Ltd.

Issue 2: Quashing of Reassessment Orders
The ITAT, based on the previous order and the failure of the Assessing Officer to address the objections raised by the assessee, decided to quash the reassessment proceedings. The ITAT held that since the reassessment orders were invalid due to non-compliance with mandatory procedures and Tribunal directions, there was no need to decide on the additions made on merit. The reassessment proceedings were deemed academic, and the additions were deleted accordingly.

Conclusion
In both appeals for assessment years 2003-04 and 2004-05, the ITAT allowed the appeals of the assessee, quashed the reassessment proceedings, and deleted the additions made. The decisions were based on the non-compliance with mandatory provisions, failure to address objections, and the precedents set by previous judgments. The ITAT emphasized the importance of following procedural requirements and ensuring that objections raised by the assessee are duly considered before making any assessments under section 147 of the Income Tax Act.