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2020 (1) TMI 220 - AT - Income TaxReopening of assessment u/s 147 - information received from the Investigation Wing - non application of mind - accommodation entries - addition u/s 68 - HELD THAT - In the case of CIT vs SFIL Stock Broking Ltd. 2010 (4) TMI 102 - DELHI HIGH COURT wherein it was observed that reassessment proceedings were initiated on the basis of information received from investigation wing regarding alleged accommodation entries and it has been held by jurisdictional Delhi High Court that mere information received from DDIT(Inv) cannot constitute valid reasons for initiating reassessment proceedings in the absence of anything to show that A.O. had independently applied his mind to arrive at a belief that the income had escaped assessment. AO has acted mechanically and without any independent application of mind. The reasons recorded are therefore vague, highly non specific and reflect complete non-application of mind. It is also noted that there is no live link or direct nexus between alleged material and, inference. It is further noted that initiation of proceedings is also based on non application of mind much less independent application of mind but is a case of borrowed satisfaction. Nothing is independently examined or considered by the AO which can demonstrate application of mind by him. There is nothing to show that the cash is paid from coffers of the assessee. Reasons do no indicate as to who AO reached to the conclusion that the assessee received accommodation entry and escaped assessment - Proceedings initiated by invoking the provisions of section 147 of the Act by the AO and upheld by the Ld. CIT(A) are nonest in law and without jurisdiction, hence, the assessment is quashed and ground no. 1 is allowed.
Issues Involved:
1. Legality of notice and reopening of assessment under section 147. 2. Jurisdiction and compliance with mandatory provisions of section 147/148. 3. Use of statements/information obtained behind the back of the appellant without opportunity to rebut. 4. Consideration of factual and legal positions, records, and precedents by CIT(A). 5. Handling of submissions and objections by CIT(A). 6. Addition of ?8,00,000 as unexplained cash credit under section 68. 7. Legality of tax and interest demands raised by the ITO. Detailed Analysis: 1. Legality of Notice and Reopening of Assessment under Section 147: The appellant argued that the reassessment was without jurisdiction and did not comply with mandatory provisions of section 147/148. The reasons recorded for the reassessment were bald and lacked a prima facie view or reason to believe that income had escaped assessment. The appellant contended that the notice under section 148 was issued merely based on information from DI, Jhandewalan, New Delhi, without any application of mind or independent inquiry by the AO. The Tribunal found that the action was taken mechanically based on information from the investigation wing and not on an independent application of mind, making the proceedings without jurisdiction. 2. Jurisdiction and Compliance with Mandatory Provisions of Section 147/148: The Tribunal noted that the AO did not apply his mind independently and relied solely on information received from the investigation wing. The reasons recorded were vague and non-specific, reflecting a complete non-application of mind. The Tribunal cited several judicial precedents, including ACIT vs. Dhariya Construction Co. and Pr. CIT vs. RMG Polyvinyls (I) Ltd., to support the view that mere information from the investigation wing cannot constitute valid reasons for initiating reassessment proceedings without independent application of mind by the AO. 3. Use of Statements/Information Obtained Behind the Back of the Appellant Without Opportunity to Rebut: The appellant argued that the AO obtained statements/information behind their back, which were not made available to them, nor were they given an opportunity to rebut the same. The Tribunal agreed that the AO did not provide a show cause notice specifically proposing any addition or an effective opportunity of hearing, violating the principles of natural justice. 4. Consideration of Factual and Legal Positions, Records, and Precedents by CIT(A): The appellant contended that the CIT(A) did not consider the correct factual and legal positions, records, and binding precedents placed before him. The Tribunal found that the CIT(A) erroneously upheld the AO's action without proper consideration of the appellant's submissions and objections. 5. Handling of Submissions and Objections by CIT(A): The appellant argued that the CIT(A) failed to deal with all the submissions and objections raised by them and did not follow binding decisions of the Courts and Tribunals. The Tribunal noted that the CIT(A) did not adequately address the appellant's concerns and passed the impugned order erroneously. 6. Addition of ?8,00,000 as Unexplained Cash Credit under Section 68: The appellant challenged the addition of ?8,00,000 as unexplained cash credit under section 68, arguing that the AO's action was perverse. The Tribunal found that the AO's conclusion that the money was unaccounted for was without any basis and lacked independent examination or consideration. The Tribunal quashed the assessment on the grounds of non-application of mind and lack of jurisdiction. 7. Legality of Tax and Interest Demands Raised by the ITO: The appellant contended that the tax and interest demands raised by the ITO were illegal and unsustainable. The Tribunal, having quashed the reassessment proceedings, implicitly invalidated the associated tax and interest demands. Conclusion: The Tribunal allowed the appeal partly, quashing the reassessment proceedings on the grounds of lack of jurisdiction and non-application of mind by the AO. The other grounds raised by the appellant were dismissed as they were not argued. The appeal was thus partly allowed, and the reassessment was declared nonest in law.
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