2019 (4) TMI 498 - AT - Income Tax

Reopening of assessment u/s 147 - whether AO can travel beyond the subject matter of the reasons recorded for reopening the assessment if no addition qua alleged reasons was made? - HELD THAT - When undisputedly the AO has not made any addition qua the income alleged to have escaped assessment as per reasons recorded, he had no jurisdiction to make reassessment on other items for which reopening was not initiated. When the AO has accepted the explanation made by the assessee as to the alleged escapement of income and has not made any addition there on, initiation of proceedings qua other subjects has ceased to survive. So, we are of the considered view that other additions made by the assessee which were not the subject matter of the reasons recorded, are not sustainable. So, Ground determined in favour of the assessee. Addition on substantive basis - unexplained income taken in the form of share application money - HELD THAT - Protective addition has been deleted by the CIT(A) wide impugned order which has been challenged by the Revenue by way of filing cross appeal. But again for the sake of repetition, we are of the considered view that since items of these additions were not subject matter of the reasons recorded / reopening, the addition per se cannot survive, as has been held by Hon ble Delhi high court in Ranbaxy Laboratories Ltd. 2011 (6) TMI 4 - DELHI HIGH COURT . Consequently, Grounds determined in favour of the assessee

Summary

Issues Involved:
1. Reopening of assessment under section 147 of the Income-tax Act, 1961.
2. Jurisdiction of the Assessing Officer to make additions beyond the subject matter of the reasons recorded for reopening the assessment.
3. Validity of additions made on account of unexplained income and commission.
4. Applicability of legal precedents in determining the legality of additions made.

Analysis:

Issue 1: Reopening of assessment under section 147
The appellant sought to set aside the order passed by the Ld. CIT (Appeals) and raised multiple grounds challenging the legality of the reassessment proceedings. The reasons for reopening the assessment were based on information received regarding accommodation entries received by the assessee. The Tribunal analyzed the reasons recorded for reopening and held that the AO exceeded jurisdiction by making additions beyond the subject matter of the reasons recorded. The Tribunal referred to the decision of the Hon'ble Delhi High Court in Ranbaxy Laboratories Ltd. vs. CIT, emphasizing the requirement for the AO to adhere to the reasons recorded for initiating proceedings under section 147.

Issue 2: Jurisdiction of the Assessing Officer
The Tribunal further deliberated on the jurisdiction of the Assessing Officer to make additions unrelated to the reasons recorded for reopening. It was established that since the AO had not made any additions concerning the income alleged to have escaped assessment as per the recorded reasons, he lacked the authority to reassess other items. The Tribunal concluded that the additional additions made by the AO, not covered by the reasons recorded, were unsustainable, thereby ruling in favor of the assessee on this issue.

Issue 3: Validity of additions on unexplained income and commission
The AO had made additions on account of unexplained income and commission, which were challenged in the appeals. The Tribunal reiterated that additions not falling within the scope of the reasons recorded for reopening could not be sustained. Consequently, the Tribunal ruled in favor of the assessee, holding that the additions made by the AO beyond the subject matter of the reasons recorded were untenable.

Issue 4: Applicability of legal precedents
In determining the legality of the additions made, the Tribunal extensively referred to the decision of the Hon'ble Delhi High Court in Ranbaxy Laboratories Ltd. vs. CIT. This legal precedent guided the Tribunal in assessing the jurisdiction of the Assessing Officer and the validity of the additions made during the reassessment proceedings.

In conclusion, the Tribunal allowed the appeal filed by the assessee while dismissing the appeal filed by the revenue, based on the findings related to the jurisdiction of the Assessing Officer and the legality of the additions made during the reassessment process. The order pronounced on February 25, 2019, highlighted the importance of adhering to the reasons recorded for initiating reassessment under section 147 of the Income-tax Act, 1961.