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2018 (12) TMI 1073 - AT - Income TaxReopening of assessment - information received by the AO from the Investigation Wing that the Assessee had obtained accommodation entries from certain entry operators during the relevant period - Held that - As decided in M/S. MULTIPLEX TRADING & INDUSTRIAL CO. LTD. 2015 (10) TMI 23 - DELHI HIGH COURT this Court in M/s Haryana Acrylic Manufacturing Co. (P) Ltd. (2008 (11) TMI 2 - DELHI HIGH COURT) had observed that the requirements regarding recording the reasons to believe; communicating the same to the Assessee; permitting the Assessee to file the objections; and passing a speaking order disposing of the objections are all designed to ensure that the AO does not reopen assessments, which have been finalized, on his mere whim and fancy and that he does so only on the basis of lawful reasons. A deviation from the directions issued by the Supreme Court in G.K.N Driveshafts (India) Ltd. 2002 (11) TMI 7 - SUPREME COURT would entail nullifying the proceedings. Although the AO is required to provide reasons, receive objections and pass a speaking order thereon, only after the notice under Section 148 of the Act has been issued; these requirements are an integral part of the safeguards which have been inbuilt for ensuring that the assessments are reopened only for lawful reasons and in a transparent manner. If the said safeguards are flouted, it would invalidate the exercise of jurisdiction under Section 147 and 148 - Decided in favour of assessee.
Issues:
1. Reopening of assessment based on cash deposits in bank accounts. 2. Failure to dispose of objections before passing reassessment order. 3. Legality of the reassessment order and directions by the Commissioner of Income Tax (Appeals). Issue 1: Reopening of assessment based on cash deposits in bank accounts: The case involves the assessee filing the original return of income for the assessment year 2010-11, showing an income of ?1,61,300. The Assessing Officer issued a notice under section 148 of the Act for reopening the assessment due to cash deposits of ?26,34,850 in the assessee's bank accounts. The Assessing Officer believed that the assessee failed to disclose all material facts necessary for assessment, leading to the reopening of the assessment. Issue 2: Failure to dispose of objections before passing reassessment order: Upon receiving the notice for reopening, the assessee demanded a copy of the reasons recorded, which was provided on 08.11.2017. The assessee then filed objections against the reopening on 06.12.2017. However, the Assessing Officer proceeded to pass the reassessment order under section 147 r.w.s. 143(3) of the Act on 08.12.2017 without addressing the objections raised by the assessee. This action led to a challenge by the assessee before the Commissioner of Income Tax (Appeals). Issue 3: Legality of the reassessment order and directions by the Commissioner of Income Tax (Appeals): The Commissioner of Income Tax (Appeals) canceled the reassessment order but directed the Assessing Officer to recommence the reassessment proceedings from the stage of receiving objections by the assessee. The assessee contended that passing the reassessment order without addressing objections was unlawful, citing a decision by the Hon'ble Delhi High Court in a similar case. The Tribunal, following the High Court's decision, set aside the Commissioner's direction and allowed the grounds of appeal by the assessee, emphasizing the importance of addressing objections before passing a reassessment order. This judgment highlights the significance of following due process in reassessment proceedings, particularly in addressing objections raised by the assessee before passing a reassessment order. The decision underscores the need for transparency and lawful reasons in reopening assessments, as failure to adhere to procedural safeguards can invalidate the jurisdiction under relevant sections of the Act. The Tribunal's ruling, aligned with the Hon'ble Delhi High Court's precedent, emphasizes the importance of addressing objections before finalizing reassessment orders to ensure fairness and legality in tax assessments.
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