2019 (12) TMI 580 - HC - Income Tax

Reopening of assessment u/s 147 - HELD THAT - As initiated for the same reasons, is factually correct, but the same does not render the proceedings to be illegal. Since the proceedings are for different assessment years, the argument so zealously advanced, is untenable. So far as the satisfaction of the concerned Ao and the Commissioner, Income Tax is concerned, a perusal of the pages Nos.65 to 69 available on record clearly suggests that both the authorities have applied their mind objectively and to the fullest extent required under the law. No other argument was advanced by the learned counsel for the petitioner. This Court does not find the impugned notice to be void or without jurisdiction in any manner. The writ petition, therefore, fails.

Summary

Issues:
Challenge to re-assessment proceedings under Section 148 of the Income Tax Act, 1961 for Assessment Year 2013-14 based on notice issued by respondent No.2, similarity of reasons with earlier notice for Assessment Year 2011-12, lack of new material, satisfaction of Assessing Officer and Commissioner, Income Tax.

Analysis:
The petitioner challenged the notice issued under Section 148 of the Income Tax Act, 1961 for Assessment Year 2013-14, claiming similarity with an earlier notice for Assessment Year 2011-12. The petitioner argued that there was no new material for re-assessment proceedings. The Court found the argument frivolous, noting that the earlier notice referred to papers recovered from a third party for a different assessment year and had already resulted in an assessment order. The Court highlighted that the new notice was for a different assessment year, allowing the Income Tax Officer to initiate proceedings based on transactions related to that year, even if found in materials from previous years.

The Court emphasized that the mere similarity of reasons between the two notices did not make the proceedings illegal, as they were for different assessment years. The satisfaction of the Assessing Officer and the Commissioner, Income Tax was found to be objective and in compliance with the law, as evidenced by the record. The Court dismissed the argument that the lack of new material rendered the re-assessment proceedings void, stating that the authorities had applied their minds appropriately.

The Court concluded that the impugned notice was not void or without jurisdiction, leading to the dismissal of the writ petition. Additionally, the stay application was also dismissed. The judgment reaffirmed the validity of the re-assessment proceedings for Assessment Year 2013-14, based on the distinct nature of the transactions being considered, despite the similarities in reasons between the two notices for different assessment years.