9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (7) TMI 349 - HC - Income TaxReopening of assessment u/s 147 - violation of the principle of natural justice - HELD THAT - Non-supply of the copy of Mr. Banka s statement (which incidentally has been extracted in full in the reasons for reopening), or not providing an opportunity to cross-examine Mr. Banka at the stage of objections vitiates the reopening of the assessment. Such opportunity would be provided, if sought by the Petitioner, and if so permitted in law, in the reassessment proceedings. This Court is not satisfied that the Petitioner has made out any case for interference by the Court at the present stage, i.e. the stage of issuance of the notice for reopening of the assessment under Section 147 of the Act. While reserving the right of the Petitioner to raise all the defences available to it in accordance with law in the reassessment proceedings, including the right to cross-examine the deponents of the statements relied upon by the Department in the reassessment proceedings, the Court declines to interfere in the matter.
Issues:
Challenge to notice for re-assessment under Section 147 of the Income Tax Act, 1961 for AY 2012-13. Detailed Analysis: 1. Background and Original Assessment: The petitioner filed income tax returns for AY 2012-13, which were scrutinized under CASS. An assessment order was passed by the AO on 15th November, 2014. The petitioner then filed a statutory appeal before CIT (A) challenging certain disallowances of expenses. 2. Reopening of Assessment: The notice under Section 147 was issued by the Deputy Commissioner of Income Tax, proposing re-assessment for AY 2012-13 based on information from a search and seizure operation in the Banka Group of Companies. The petitioner objected to the reopening, citing decisions from various High Courts. 3. Contentions: The petitioner argued that the reopening was based on a mere change of opinion and that all relevant material was already considered in the original assessment. The Income Tax Department justified the reopening based on failure to disclose all facts and cited relevant Supreme Court decisions. 4. Reasons for Reopening: The Department's reasons for reopening included information from the search operation on the Banka Group, indicating accommodation entries obtained by the petitioner from shell companies controlled by Mr. Mukesh Banka. 5. Court's Analysis: The Court held that the reopening was not based on a mere change of opinion as new material emerged after the original assessment. The Court emphasized that the sufficiency or correctness of the material is not a consideration at the reopening stage. 6. Principle of Natural Justice: The petitioner contended a violation of natural justice by not providing a copy of Mr. Banka's statement for cross-examination. The Court ruled that such opportunity would be provided in the reassessment proceedings if sought by the petitioner. 7. Court's Decision: The Court declined to interfere at the present stage, dismissing the writ petition but reserving the petitioner's right to raise defenses in the reassessment proceedings, including the right to cross-examine deponents. The interim order was vacated, and no costs were awarded. 8. COVID-19 Restrictions: Due to COVID-19 restrictions, the parties were allowed to utilize a printout of the order from the High Court's website as a certified copy, subject to attestation by the concerned advocate. This detailed analysis covers the issues, contentions, reasons for reopening, court's analysis, principle of natural justice, court's decision, and COVID-19 related instructions provided in the judgment.
|
