2021 (7) TMI 991 - HC - Income Tax

Reopening of assessment u/s 147 - whether the mandatory requirements have been complied with in the present case or not? - HELD THAT - It is relevant to consider Explanation 1 to Section 147 of the Act, which states that production before the AO of account books or other evidence from which material evidence could due diligence have been discovered by the AO will not necessarily amount to disclosure within the meaning of the foregoing proviso. Even Explanation 2 to Section 147 provides various circumstances under which reopening of assessment shall be done. Where assessment has been made, but income chargeable to tax has been under-assessed, then also re-assessment can be made. There are numerous circumstances, which all are contemplated for the purpose of reopening of assessment and once, the AO has reason to believe that the income chargeable to tax has escaped assessment on account of the fact that the assessee has not disclosed fully and truly all material facts necessary for his assessment, then initiation u/s 147 shall be made beyond the period of four years and within six years. This being the scope of Section 147 for reopening of assessment, this Court do not find any acceptable reason for the purpose of interfering with the reopening proceedings initiated by the authorities competent and it is for the petitioner to participate in the assessment/re-assessment proceedings and defend his case in the manner known to law.

Summary

Issues Involved:
1. Jurisdiction and validity of reopening the assessment under Section 148 of the Income Tax Act, 1961.
2. Compliance with the Proviso clause to Section 147 of the Act for reopening the assessment beyond four years.
3. Full and true disclosure of material facts by the assessee during the original assessment.
4. Validity of the reasons provided for reopening the assessment.

Detailed Analysis:

1. Jurisdiction and Validity of Reopening the Assessment:
The petitioner challenged the notice dated 29.03.2018 issued under Section 148 of the Income Tax Act, 1961, arguing that the reopening of the assessment was beyond jurisdiction. The petitioner, a practising Chartered Accountant, had filed his original return on 30.09.2011, which was processed under Section 143(1) and selected for scrutiny under CASS. The final assessment order was passed on 20.01.2014 under Section 143(3). The respondent issued the impugned notice after four years, on 29.03.2018, which the petitioner claimed was beyond the permissible period for reopening an assessment.

2. Compliance with the Proviso Clause to Section 147:
The petitioner contended that the reopening of the assessment violated the Proviso clause to Section 147, which requires mandatory compliance for reopening beyond four years. The petitioner argued that he had fully and truly disclosed all material facts during the original assessment, and thus, the reopening was not justified. The respondent, however, maintained that the Assessing Officer had reason to believe that the income chargeable to tax had escaped assessment and that the reopening was within the scope of the Proviso clause to Section 147.

3. Full and True Disclosure of Material Facts:
The petitioner provided detailed information and documents during the original assessment, including details of professional fee receipts, purchase and sale of land, and other financial transactions. The petitioner claimed that all necessary details were furnished, and the reopening was based on a change of opinion. The respondent countered that certain particulars required for the assessment were not fully and truly disclosed, specifically regarding the source of investment in a new house property and professional receipts, leading to the belief that income had escaped assessment.

4. Validity of the Reasons for Reopening:
The reasons for reopening provided by the respondent on 07.05.2018 highlighted discrepancies in the source of payment for a new house property and the professional receipts not fully disclosed. The respondent argued that the original assessment was a limited scrutiny focusing on capital gains from the sale of property, and the issues of investment and professional receipts were not examined. The court examined whether the mandatory requirements for reopening under Section 147 were met, concluding that the Assessing Officer had reason to believe that the income chargeable to tax had escaped assessment due to non-disclosure of material facts.

Conclusion:
The court held that the reopening of the assessment was justified as the Assessing Officer had reason to believe that the assessee had not fully and truly disclosed all material facts necessary for the assessment. The discrepancies in the information provided during the original assessment warranted the reopening of the proceedings. The writ petition was dismissed, and the respondent was directed to complete the reassessment expeditiously.