2021 (4) TMI 715 - AT - Income Tax

Validity of assessment - non issue of any notice u/s. 143(2) of the Act - transfer of case u/s 127 - assessment continued by new officer/ITO - HELD THAT - Once the proceedings u/s. 143(3) are commenced the case can be transferred from one AO/ITO to another AO/ITO by an order of the Commissioner as provided u/s. 127 of the Act. In case the case is reallocated by the JCIT in that event the concerned AO to whom the case is reallocated should have commenced the assessment proceedings by way of issuance of the statutory notices. It has been held by the Hon ble Supreme Court in the case of ACIT Vs. Hotel Blue Moon 2010 (2) TMI 1 - SUPREME COURT that the service of the statutory notice u/s. 143(2) of the Act is sine the qua non to initiate/commence the assessment proceedings u/s. 143(3) of the Act. In this case the AO who has passed the impugned assessment order u/s. 143(3) of the Act did not issue notice u/s. 143(2) of the Act. But the said notice was issued by earlier AO/ITO u/s. 143(2) of the Act. The case of the assessee was not transferred by competent Officer i.e. Commissioner as per provision of section 127 of the Act. Therefore the proceedings could not have been continued by the new officer/ITO from the stage it was left by ITO Ward-Itanagar. In the circumstances the assessment framed by ITO Ward-Tezpur is invalid for non-issuance of mandatory notice u/s. 143(2) of the Act. Therefore the impugned assessment is legally invalid and the same is hereby quashed. - Decided in favour of assessee.

Summary

Issues:
1. Validity of assessment proceedings due to lack of notice under section 143(2) of the Act.
2. Jurisdictional issue regarding transfer of the case between Assessing Officers.
3. Compliance with statutory procedures for assessment under section 143(3) of the Act.
4. Legal validity of assessment order and grounds of appeal challenging the additions made.

Issue 1: Validity of assessment proceedings due to lack of notice under section 143(2) of the Act.
The assessee challenged the assessment order on the grounds of lack of notice under section 143(2) of the Act. The Legal Counsel contended that the case was transferred without proper jurisdictional authority, leading to the absence of the required notice. The Appellate Tribunal noted that the absence of the statutory notice u/s. 143(2) is crucial to initiate assessment proceedings u/s. 143(3) as established by the Supreme Court in ACIT Vs. Hotel Blue Moon. Consequently, the assessment by the new Assessing Officer was deemed legally invalid due to the procedural lapse, resulting in the quashing of the assessment.

Issue 2: Jurisdictional issue regarding transfer of the case between Assessing Officers.
The transfer of the case between Assessing Officers raised jurisdictional concerns. The Legal Counsel argued that the case transfer lacked proper authorization under section 127 of the Act, leading to the new Assessing Officer continuing proceedings without issuing the necessary statutory notices. The Appellate Tribunal emphasized that while the Joint Commissioner of Income Tax has the authority to allocate cases, the initiation of assessment proceedings requires adherence to statutory procedures, including the issuance of notices. The Tribunal ruled that the assessment by the new Assessing Officer without the requisite notice was invalid, highlighting the importance of procedural compliance in jurisdictional matters.

Issue 3: Compliance with statutory procedures for assessment under section 143(3) of the Act.
The Tribunal emphasized the significance of complying with statutory procedures for assessment under section 143(3) of the Act. It reiterated that the issuance of a notice under section 143(2) is mandatory to commence assessment proceedings. The failure to issue such a notice by the Assessing Officer who passed the impugned assessment order rendered the assessment legally invalid. The Tribunal's decision underscored the necessity of following procedural requirements to maintain the validity of assessment proceedings and uphold the principles of natural justice.

Issue 4: Legal validity of assessment order and grounds of appeal challenging the additions made.
The grounds of appeal raised various issues challenging the assessment order, including the treatment of income, denial of exemptions, and additions made without proper justification. The Appellate Tribunal, while primarily focusing on the procedural defects in the assessment process, acknowledged the appellant's contentions regarding the additions made by the Assessing Officer. However, the Tribunal's decision to quash the assessment was primarily based on the procedural irregularities, leading to the allowance of the appeals for the assessment year 2015-16 for both appellants.

In conclusion, the Appellate Tribunal's judgment in the present case primarily revolved around the procedural deficiencies in the assessment proceedings, particularly the absence of the mandatory notice under section 143(2) of the Act and jurisdictional issues related to the transfer of the case between Assessing Officers. The Tribunal's decision to quash the assessment orders underscored the importance of adhering to statutory procedures and upholding the principles of natural justice in income tax assessments.