2022 (3) TMI 218 - AT - Income Tax

Power to Addl. CIT to perform as AO - Validity of the assessment order - Order passed by Addl.CIT with or without proper authorization - whether Department validly authorize or empower the Addl.CIT to act as an Assessing Officer? - jurisdiction of Addl. CIT to pass the assessment order in the absence of any order from the Board and subsequent authorization by the concerned CIT/PCIT u/s. 120(4)(b) - HELD THAT - Issue squarely covered in favour of assessee by the order of Tribunal in assessee s own case none of the notifications referred to by the Department validly authorize or empower the Addl.CIT to act as an Assessing Officer. In the present case as well the Revenue has not been able to produce the authorization u/s. 120(4)(b) of the Act.Thus in view of the facts of the case and the decisions relied on by the assessee, we find merit in the additional grounds challenging validity of assessment order passed by Addl.CIT without proper authorization. The assessee succeeds on the additional ground of appeal

Summary

Issues Involved:
1. Validity of the final assessment order passed under section 143(3) read with section 144C of the Income Tax Act, 1961.
2. Jurisdiction of the Additional Commissioner of Income Tax (Addl. CIT) to pass the assessment order.
3. Admission of additional grounds of appeal raised by the assessee at a belated stage.
4. Compliance with statutory provisions, including the issuance of a valid notice under section 143(2) of the Act.

Issue-wise Detailed Analysis:

1. Validity of the Final Assessment Order:
The assessee challenged the validity of the final assessment order passed under section 143(3) read with section 144C of the Income Tax Act, 1961. The primary contention was that the order was illegal and without jurisdiction as it was passed by the Additional Commissioner of Income Tax (Addl. CIT) without proper authorization. The Tribunal noted that similar legal grounds had been raised and admitted in the assessee's appeal for the Assessment Year 2002-03, where the Tribunal had decided in favor of the assessee.

2. Jurisdiction of the Additional Commissioner of Income Tax (Addl. CIT):
The assessee argued that the Addl. CIT lacked jurisdiction to pass the assessment order as he was not authorized under section 120(4)(b) of the Act. The Tribunal examined the definition of 'Assessing Officer' under section 2(7A) and concluded that the Addl. CIT could only act as an Assessing Officer if specifically directed under section 120(4)(b). The Tribunal found that there was no such authorization from the Principal Commissioner of Income Tax (PCIT) or any order from the Board empowering the Addl. CIT to act as an Assessing Officer. Consequently, the assessment order passed by the Addl. CIT was held to suffer from an inherent defect of jurisdiction and was quashed.

3. Admission of Additional Grounds of Appeal:
The Revenue opposed the admission of additional grounds raised by the assessee at a belated stage, arguing that the appeal was filed in 2011, and the additional grounds were raised almost nine years later. However, the Tribunal observed that the additional grounds were purely legal in nature and went to the root of the validity of the assessment order. The Tribunal noted that similar additional grounds had been admitted in the assessee's own case and other group concerns in previous years. Therefore, the Tribunal admitted the additional grounds raised by the assessee.

4. Compliance with Statutory Provisions:
The assessee contended that the assessment proceedings were bad in law due to the absence of a valid notice under section 143(2) of the Act. The Tribunal did not specifically address this issue in detail, as the primary focus was on the jurisdiction of the Addl. CIT. However, the Tribunal's decision to quash the assessment order implicitly addressed the non-compliance with statutory provisions.

Conclusion:
The Tribunal allowed the assessee's appeals for the Assessment Years 2007-08 to 2010-11, holding that the assessment orders passed by the Addl. CIT were without jurisdiction and hence, quashed. Consequently, the corresponding appeals by the Revenue for the Assessment Years 2009-10 and 2010-11 were dismissed. The Tribunal's decision was based on the consistent view taken in the assessee's own case and other group concerns in previous years, reaffirming the requirement for proper authorization under section 120(4)(b) for the Addl. CIT to act as an Assessing Officer.