2017 (8) TMI 166 - AT - Income Tax

Reopening of assessment - Violation of the principle of natural justice - Held that - We find considerable cogency in assessee s counsel contention that lower authorities have not given proper opportunity to the assessee to substantiate its case as assessee is having all the papers and documents with him which he filed in the shape of Paper Book before us as aforesaid needs to be examined at the level of the Ld. CIT(A) afresh alongwith other related documents / evidence. Therefore in the interest of justice we set aside the issues in dispute to the file of the Ld. CIT(A) for fresh consideration.

Summary

Issues involved:
Appeals against separate orders dated 29.1.2013 by Ld. CIT(A)-XI, New Delhi for Assessment Year 2004-05 to 2006-07; Common and identical issues in appeals; Opportunity for the Assessee to present case and evidence; Violation of natural justice by revenue authorities; Request for remitting issues back to Ld. CIT(A) for fresh consideration.

Detailed Analysis:

Assessment Year 2004-05 (ITA No. 5947/Del/2013):
The Assessee challenged the assessment order dated 12/12/2011 under sections 144/147 and 143(3) of the Income Tax Act, alleging arbitrariness and illegality. The appeal raised concerns regarding the action taken by the AO under section 147, reliance on documents from Standard Chartered Bank without confrontation, and the addition of alleged deposits. The Assessee contended that the assessment was unjust, excessive, and the levy of interest was illegal. The Assessee also highlighted the need for proper opportunity to present evidence and requested remittance of the issues to Ld. CIT(A) for fresh consideration.

Assessment Year 2005-06 (ITA No. 5748/Del/2013):
Similar grounds were raised for the assessment year 2005-06, questioning the assessment order's legality and the addition related to alleged deposits in Standard Chartered Bank. The Assessee emphasized the inadequacy of opportunity to present evidence and sought a fair chance to substantiate its case before Ld. CIT(A). The request for remitting the issues back for fresh consideration was reiterated.

Assessment Year 2006-07 (ITA No. 5749/Del/2013):
In the appeal for the assessment year 2006-07, the Assessee raised comparable issues regarding the assessment order's arbitrary nature, reliance on bank documents without confrontation, and the disputed addition related to alleged deposits. The Assessee reiterated the need for a fair opportunity to present evidence and requested remittance of issues for fresh consideration by Ld. CIT(A).

The Tribunal acknowledged the Assessee's contention that the revenue authorities violated the principles of natural justice by not providing adequate time and opportunity to present evidence. Considering the Assessee's submission of a Paper Book containing relevant documents, the Tribunal set aside the issues for fresh consideration by Ld. CIT(A) to ensure justice and proper examination of evidence. The Assessee was directed to cooperate fully and not cause unnecessary delays. Following the same approach for all three assessment years, the Tribunal allowed the appeals for statistical purposes, remitting the issues back to Ld. CIT(A) for fresh consideration.

This judgment underscores the importance of procedural fairness, the right to present evidence, and the need for authorities to provide adequate opportunity for representation in tax matters. The decision to remit the issues back for fresh consideration aims to uphold the principles of natural justice and ensure a fair and thorough examination of the Assessee's case.