2022 (2) TMI 1195 - AT - Income Tax

Reopening of assessment u /s 147 - validity of the jurisdiction assumed by the A.O, viz. ITO, Ward-1(3), Bathinda for reopening the assessee s case u/s 147 - requisite sanction u/s 151 obtained from PCIT or not? - HELD THAT - A.O in the present case before us had failed to obtain the approval of the prescribed authority as contemplated u/s 151 of the Act, i.e, qua the reasons to believe recorded by him on 14.03.2017, that it is a fit case for issuance of Notice u/s 148 therefore, he had wrongly assumed jurisdiction and de hors satisfaction of the aforesaid statutory requirement issued Notice u/s 148, dated 24.03.2017 and framed the assessment u/s 143(3) r.w.s 147, dated 22.11.2017. We, thus, in terms of our aforesaid observations hold the Notice u/s 148, dated 24.03.2017 issued by the A.O, i.e, ITO, Ward-1(3), Bathinda as invalid in the eyes of law and quash the assessment framed by him u/s 143(3) r.w.s 147, dated 22.11.2017. Accordingly, the order passed by the CIT(A) is set-aside and, the assessment framed by the A.O u/s 143(3) r.w.s 147 of the Act, dated 22.11.2017 is quashed for want of valid assumption of jurisdiction by him. As we quashed the assessment framed by the A.O u/s 143(3) r.w.s 147, dated 22.11.2017, for want of jurisdiction on his part, therefore, we refrain from adverting to and therein adjudicating the other contentions so raised by him as regards the validity of the jurisdiction assumed by the A.O for framing the impugned assessment, as well as those advanced by him as regards the sustainability of the addition on the merits of the case, which, thus, are left open. Appeal of assessee allowed.

Issues Involved:
1. Validity of reopening the assessment under Section 147/148 of the Income Tax Act, 1961.
2. Jurisdictional errors and mechanical sanction by the Principal Commissioner of Income Tax (Pr. CIT).
3. Validity of assessment framed by the Assessing Officer (A.O) under Sections 143(3) and 147.
4. Treatment of land sale proceeds and assessment of capital gains.
5. Existence and recognition of Hindu Undivided Family (HUF) property.

Detailed Analysis:

1. Validity of Reopening the Assessment:
The assessee challenged the reopening of the assessment on the grounds that the reasons recorded were devoid of any application of an independent mind by the A.O. It was argued that the notice under Section 148 was issued by two separate A.Os, making the assessment bad-in-law. The Tribunal observed that the reopening was based on information that the assessee had sold land and made cash transactions without declaring capital gains. However, the A.O issued the notice under Section 148 before obtaining the requisite approval from the Pr. CIT, which is a mandatory requirement under Section 151 of the Act. Therefore, the reopening was deemed invalid.

2. Jurisdictional Errors and Mechanical Sanction by Pr. CIT:
The assessee contended that the sanction for reopening was mechanical and invalid, as it was given to two separate A.Os. The Tribunal found that the A.O who framed the assessment did not obtain the necessary sanction from the Pr. CIT before issuing the notice under Section 148. The assessment order referred to an approval dated 29.03.2017, but this was in context of another A.O's notice. The Tribunal concluded that the A.O had wrongly assumed jurisdiction without the required sanction, rendering the notice and subsequent assessment invalid.

3. Validity of Assessment Framed by A.O:
The assessee argued that the assessment was bad-in-law as the A.O failed to address primary objections and did not provide findings on the reasons recorded under Section 147. The Tribunal noted that the A.O who framed the assessment did not have the proper jurisdiction as he did not obtain the requisite approval from the Pr. CIT. Consequently, the assessment framed under Sections 143(3) and 147 was quashed for want of valid jurisdiction.

4. Treatment of Land Sale Proceeds and Assessment of Capital Gains:
The assessee claimed that the land sold was inherited and belonged to his HUF, and therefore, the proceeds should be treated accordingly. The A.O rejected this claim due to lack of evidence supporting the existence of the HUF. The A.O assessed the capital gains on the sale of land by estimating the cost basis in the absence of details. However, since the assessment was quashed for jurisdictional errors, the Tribunal did not adjudicate on the merits of the capital gains assessment.

5. Existence and Recognition of HUF Property:
The assessee contended that the land was HUF property inherited from his forefathers. The A.O did not accept this claim due to insufficient proof of the HUF's existence, such as PAN, bank statements, and balance sheets. The Tribunal did not delve into this issue further as the assessment was already quashed on jurisdictional grounds.

Conclusion:
The Tribunal allowed the appeal filed by the assessee, quashing the assessment framed under Sections 143(3) and 147 due to the A.O's invalid assumption of jurisdiction. The Tribunal refrained from addressing other contentions regarding the validity of the jurisdiction and the merits of the additions made, leaving them open for future consideration. The order was pronounced under Rule 34(4) of the Income Tax (Appellate Tribunal) Rules, 1962.

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