2018 (4) TMI 1418 - AT - Income Tax

Reopening of assessment - A.O. typed the reasons but not signed the order sheet - defective notice - Held that - On verification of the assessment record, it is noticed that the A.O. typed the reasons but not signed the order sheet, thus there are no reasons recorded for reopening of assessment as required u/s 148 of the Act. The A.O. neither complied with the statutory requirement of recording the reasons for issue of notice nor complied with the law laid down in case of GKN Driveshafts (India) Limited Vs. ITO 2002 (11) TMI 7 - SUPREME Court . Therefore, the notice issued u/s 148 is bad in law accordingly same is quashed and the consequent assessment order made u/s 147 r.w.s. 143 (3) is annulled and the appeal of the assessee is allowed.

Summary

Issues:
1. Validity of reassessment made u/s 147 r.w.s 143(3) without supplying reasons for reopening of the assessment.
2. Compliance with legal requirements for recording and supplying reasons for notice u/s 148 of the Income Tax Act.
3. Applicability of the Hon'ble Supreme Court judgment in GKN Driveshafts (India) Limited Vs. ITO and Others.

Issue 1: Validity of reassessment without supplying reasons:
The appeal challenged the order of the Commissioner of Income-Tax (Appeals) upholding the reassessment made u/s 147 of the Income Tax Act. The appellant contested the denial of a claim under Section 54 of the Act and the issue of non-supply of reasons for reopening the assessment. The appellant argued that the assessment made without supplying reasons is invalid, citing the Hon'ble Supreme Court judgment in GKN Driveshafts (India) Limited Vs. ITO and Others. The Tribunal found that non-furnishing of reasons to the assessee is fatal to the reassessment made u/s 147 of the Act. The assessing officer failed to comply with the legal requirement of providing reasons for issuing the notice, rendering the reassessment invalid.

Issue 2: Compliance with legal requirements for recording and supplying reasons:
The Tribunal observed that before issuing a notice u/s 148 of the Act, the assessing officer is mandated to record the reasons for such notice. In this case, it was noted that the assessing officer did not sign the order sheet containing the reasons for reopening the assessment, as required by law. The failure to comply with the statutory requirement of recording and supplying reasons for the notice u/s 148 rendered the notice and subsequent assessment order invalid. The Tribunal emphasized the importance of following legal procedures and ensuring proper documentation in reassessment proceedings.

Issue 3: Applicability of the Hon'ble Supreme Court judgment:
The appellant relied on the Hon'ble Supreme Court judgment in GKN Driveshafts (India) Limited case to argue that the assessment made without supplying reasons is invalid. The Tribunal concurred with this argument, emphasizing that once a notice u/s 148 is issued, the assessing officer must furnish the reasons to the assessee within a reasonable time. Failure to provide reasons to the assessee and to follow the legal requirements for recording and supplying reasons for reopening the assessment renders the reassessment invalid, as established by legal precedents.

In conclusion, the Tribunal allowed the appeal filed by the assessee, quashing the reassessment made u/s 147 r.w.s. 143(3) due to the non-supply of reasons for reopening the assessment. The Tribunal emphasized the importance of complying with legal requirements and providing reasons to the assessee as mandated by law and judicial decisions.