2019 (10) TMI 708 - AT - Income Tax

Reassessment proceedings u/s 147 - addition on account of bogus purchases from M/s AVI Exports - HELD THAT - Hon ble Gujarat High Court in the case of Manzil Dinesh Kumar Shah 2018 (5) TMI 1176 - GUJARAT HIGH COURT in which the AO in the reasons recorded that he reopened the assessment because it needs deep verification. The Tribunal had held that notice to be invalid. The Hon ble High Court confirmed the view of the Tribunal. The findings of the Hon ble High Court are reproduced above which clearly support the fact that reopening of the assessment in the matter is wholly illegal and invalid. The issue is, therefore, covered by above judgment of Hon ble High Court. Further, while granting sanction for reopening of the assessment, Ld. Addl. CIT Range-9, Surat has merely mentioned Yes, satisfied . In the same form for recording the reasons and approval the AO has wrongly mentioned that assessee has made transaction with M/s Gem Art instead of M/s AVI Exports. Such an approval u/s 148 was not considered favourably by Hon ble MP High Court in the case of CIT vs. S. Goenka Lime Chemicals Ltd. 2015 (5) TMI 217 - MADHYA PRADESH HIGH COURT . I Initiation of reassessment proceedings as well as approval/sanction of Addl. CIT u/s 147/148 of the Act are invalid, illegal and against the provisions of law - Reopening of the assessment is invalid and bad in law and liable to be quashed. - Decided in favour of assessee.

Summary

Issues:
1. Reopening of assessment u/s 147 of the Income Tax Act.
2. Addition on account of bogus purchases from M/s AVI Exports.
3. Validity of reassessment proceedings based on the reasons recorded.

Issue 1: Reopening of assessment u/s 147 of the Income Tax Act:
The case involved a challenge to the initiation of reassessment proceedings u/s 147 of the Act and addition of a significant amount on account of alleged bogus purchases from M/s AVI Exports. The assessee contended that the reopening of the assessment was illegal and bad in law. The AO had reopened the case based on information received regarding accommodation entries, suspecting non-genuine transactions. However, the Tribunal found that the reasons recorded for reopening were flawed as they incorrectly identified the assessee as a beneficiary of non-genuine transactions from his own proprietorship concern, M/s Gem Art. The Tribunal referred to a judgment of the Hon'ble Gujarat High Court to support its decision that the notice for reassessment was invalid and bad in law. The High Court confirmed the Tribunal's view, emphasizing the importance of proper reasoning for reopening assessments.

Issue 2: Addition on account of bogus purchases from M/s AVI Exports:
The AO had made an addition to the income of the assessee, suspecting that the assessee had suppressed profits through bogus purchases or inflated sales. The assessee, however, maintained that they had only acted as a commission agent for M/s AVI Exports and had declared commission income for taxation. The CIT(A) partially allowed the appeal, reducing the addition but confirming the reopening of the assessment. The Tribunal further analyzed the nature of the transactions and the business activities of the assessee to conclude that the addition was unjustified. The Tribunal highlighted that the reassessment proceedings were based on incorrect facts and lacked proper application of mind by the AO, leading to the quashing of the reassessment and deletion of all additions.

Issue 3: Validity of reassessment proceedings based on the reasons recorded:
The Tribunal reiterated the principle that the validity of reassessment proceedings hinges on the reasons recorded for reopening the assessment. In this case, the reasons provided by the AO were found to be erroneous, as they incorrectly identified the assessee and did not demonstrate an independent application of mind. The Tribunal cited precedents and judgments to support its decision that the initiation of reassessment proceedings and the approval granted by the Addl. CIT were invalid, illegal, and contrary to the provisions of law. Ultimately, the Tribunal set aside the orders of the lower authorities, quashed the reopening of the assessment, and deleted all additions made to the income of the assessee.

In conclusion, the judgment by the Appellate Tribunal ITAT Ahmedabad addressed the issues of reopening the assessment, addition on account of alleged bogus purchases, and the validity of reassessment proceedings with a detailed analysis of the facts, legal principles, and precedents. The decision highlighted the importance of proper reasoning, independent assessment, and adherence to legal provisions in conducting reassessment proceedings under the Income Tax Act.