2019 (10) TMI 473 - HC - Income Tax

Reopening of assessment - rejecting objections against reopening without passing speaking orders - HELD THAT - Respondent, while rejecting the objections raised by the petitioner, has not passed a speaking order and on the other hand, rejected the same with a single line observation. Considering the fact that the order dated 09.10.2018 rejecting the objections is not a speaking order, this Court is inclined to remit the matter back to the respondent for passing a speaking order, however, by not expressing any view on the merits of the claim made by the respective parties including the limitation issue. Accordingly, this Writ Petition is allowed in part and the impugned order dated 09.10.2018 alone is set aside and the matter is remitted back to the Assessing Officer to pass a speaking order on the objections filed by the petitioner against the reasons for reopening

Summary

Issues involved:
Challenging notice under Section 148 of the Income Tax Act and consequential order rejecting objections for reopening assessment for the assessment year 2011-12.

Analysis:
1. The petitioner, engaged in the business of distribution of various products, filed its return of income for the assessment year 2011-12, which was selected for scrutiny. The case involved Transfer Pricing Officer's order, objections before the Dispute Resolution Panel, and subsequent assessment orders.

2. The Income Tax Appellate Tribunal deleted certain adjustments made in the assessment order and remanded the issue for further consideration. The respondent then sought to reopen the assessment under section 147, leading to a dispute regarding the timeline for issuing the notice and the objections raised by the petitioner.

3. The petitioner contended that the reopening was time-barred and objected to the reasons provided for reopening. The respondent argued that the objections were duly considered, and the order rejecting them was passed in compliance with legal requirements.

4. The Court observed that the rejection of objections lacked a detailed explanation, contrary to the requirement of passing a speaking order as per legal precedents. The Court referred to the GKN Driveshafts India Pvt.Ltd. case and emphasized the necessity of a reasoned order on objections raised by the assessee.

5. Consequently, the Court allowed the writ petition in part, setting aside the order rejecting objections and remitting the matter back to the Assessing Officer for passing a speaking order within three weeks. The Court left other issues, including the limitation aspect, open for future consideration.

6. The judgment focused on procedural compliance and the importance of providing a detailed explanation when rejecting objections raised by the taxpayer. The Court's decision aimed to ensure adherence to legal principles and fair consideration of objections in assessment proceedings.