2018 (4) TMI 1535 - HC - Income Tax

Reopening of assessment - official authorized by law initiating reopening - Held that - As annexed a copy of the AO s reasons, prior to the issuance of the notice under Section 148 it clearly reveals that the concerned authority authorized by statute i.e. the Joint Commissioner, had clearly stated that the proceedings may be initiated under Section 147. Having regard to these facts, we are of the opinion that Soyuz (2015 (3) TMI 278 - DELHI HIGH COURT) has no application. The appeal is without merit and consequently, it is dismissed. - Decided against assessee.

Summary

Issues:
1. Competence of the authority to authorize reopening of assessment under Section 147 of the Income Tax Act.

Analysis:
The judgment delivered by the High Court pertains to an appeal under Section 260A of the Income Tax Act challenging the order of the Income Tax Appellate Tribunal (ITAT). The primary issue in question was the competence of the authority who sanctioned the reopening of the assessment under Section 147. The appellant contended that the satisfaction recorded by the Commissioner of Income Tax (CIT) was by an official authority not competent to authorize the reopening of the assessment, which had already been completed. The appellant relied on a previous judgment of the Court which emphasized that only the official authorized by law is entitled to initiate reassessment proceedings. The ITAT's order delved into the discussion of the competence of the authority who approved the reopening of the assessment.

The ITAT considered the relevant material on record, including the proposal for approval and case laws relied upon. It noted that in a previous case, the absence of approval by the competent authority rendered the reopening of the assessment invalid. However, in the present case, the Additional Director of Income Tax (DIT) was the competent authority under Section 151 and had recorded his satisfaction for reopening the case under Section 147. The ITAT concluded that the approval given by the Additional DIT constituted approval by the competent authority in the instant case. The fact that the file was subsequently sent to the DIT for a second approval did not invalidate the initial approval given by the Additional DIT.

Furthermore, the appellant had annexed a copy of the Assessing Officer's (AO) reasons before issuing the notice under Section 148, where the Joint Commissioner had clearly stated that proceedings may be initiated under Section 147. Based on these facts and the reasoning provided, the High Court held that the previous judgment cited by the appellant was not applicable in the current scenario. Therefore, the appeal was deemed without merit and subsequently dismissed by the Court.