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2021 (3) TMI 728 - AT - Income TaxReopening of assessment u/s 147 - validity of approval given by Addl. CIT - validity of reasons to believe - bogus share capital / share application money received - HELD THAT - A perusal of the reasons recorded shows that the name of the companies from whom the assessee company is alleged to have accepted share capital / share application money are different from the companies mentioned in the assessment order from whom the assessee company has actually taken the share capital / share application money. Even the Ld. DR in his written synopsis has also admitted the mistake stating that the same is a typographical error. This clearly shows that neither there was any independent application of mind by the AO while recording reasons nor application of mind by the Addl. CIT while giving approval. The reassessment proceeding was made on wrong and incorrect facts and, therefore ,makes the reopening null and void. In the case of PCIT vs. Meenakshi Overseas (P) Ltd. 2017 (5) TMI 1428 - DELHI HIGH COURT has held that where reassessment was resorted to on the basis of information from DIT (Investigation) that assessee had received accommodation entry but there was no independent application of mind by Assessing Officer to tangible material and reasons failed to demonstrate link between tangible material and formation of reason to believe that income had escaped assessment, reassessment was not justified. Addl. CIT who has given approval for such reopening has simply mentioned that yes, I am satisfied that this is a fit case for issue notice of u/s 148 of I.T. Act . A perusal of the approval given by the Addl. CIT shows that he has not applied his mind properly and has in a mechanical manner given his approval - Reassessment proceedings initiated by the AO are not as per law and has to be quashed. Reassessment proceedings initiated by the AO by recording wrong and incorrect facts and the approval given by the Addl. CIT in a mechanical manner without application of mind makes the entire reassessment proceedings a nullity - Decided in favour of assessee.
Issues Involved:
1. Validity of reassessment proceedings initiated under Section 147 of the Income Tax Act. 2. Typographical errors in the reasons recorded for reopening the assessment. 3. Application of mind by the Assessing Officer (AO) and the Additional Commissioner of Income Tax (Addl. CIT) in the approval process. 4. Opportunity to cross-examine and supply of underlying material to the assessee. 5. Issuance and validity of notice under Section 143(2) of the Income Tax Act. Detailed Analysis: 1. Validity of Reassessment Proceedings: The assessee challenged the reassessment proceedings initiated under Section 147 of the Income Tax Act on the grounds that the reasons recorded for reopening were based on non-existent and incorrect facts. The AO had initially mentioned that the assessee received share capital from M/s. Hilridge Investment Ltd. and M/s. Worldlink Telecom Ltd. However, during the proceedings, it was clarified that the share capital was actually received from M/s. Lotus Real Con (P) Ltd., M/s. Mega Top Promoters (P) Ltd., and M/s. Micro Land Developers (P) Ltd. The Tribunal observed that the reasons recorded by the AO were incorrect and based on wrong facts, making the reopening null and void. The Tribunal relied on the Delhi High Court decision in PCIT vs. Meenakshi Overseas (P) Ltd., which held that reassessment based on information without independent application of mind by the AO is not justified. 2. Typographical Errors in Reasons Recorded: The AO admitted that the names of the companies mentioned in the reasons recorded were incorrect due to a typographical error. The Tribunal noted that such errors indicate a lack of independent application of mind by the AO. The reassessment proceedings were based on incorrect facts, which invalidated the reopening. 3. Application of Mind by AO and Addl. CIT: The approval for reopening the assessment was given by the Addl. CIT, who simply mentioned, "Yes. I am satisfied that this is a fit case for issue of notice u/s 148 of the I.T. Act." The Tribunal found that the Addl. CIT did not apply his mind properly and gave approval in a mechanical manner. The Tribunal cited the Delhi High Court decision in N.C. Cables Ltd., which emphasized that the approving authority must apply their mind and form an opinion, and mere approval without proper application of mind is not sufficient. 4. Opportunity to Cross-Examine and Supply of Underlying Material: The assessee argued that they were not provided with the underlying material or given an opportunity to cross-examine the statements used against them. The Tribunal noted that the right to cross-examine is essential for ensuring natural justice. However, since the reassessment proceedings were already found to be invalid due to incorrect reasons and lack of application of mind, this issue was not further adjudicated. 5. Issuance and Validity of Notice under Section 143(2): The assessee contended that the notice under Section 143(2) was issued on the same day they responded to the notice under Section 148, which was argued to be invalid. The Tribunal did not specifically adjudicate this issue as the reassessment proceedings were already quashed on other grounds. Conclusion: The Tribunal quashed the reassessment proceedings initiated by the AO due to the recording of incorrect and non-existent reasons and the mechanical approval by the Addl. CIT without proper application of mind. The appeal filed by the assessee was allowed, and the reassessment proceedings were declared null and void. The grounds challenging the addition on merit were not adjudicated as the assessee succeeded on the legal grounds.
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