2022 (6) TMI 520 - HC - Income Tax

Reopening of assessment u/s 147 - Scope of new Section 148A as inserted for conducting inquiry providing opportunity before issuance of notice under Section 148 - HELD THAT - AO before issuing the notice under Section 148 is required to conduct an inquiry with respect to the information which suggests that income chargeable to tax has escaped assessment and thereafter provide an opportunity of being heard to the assessee by serving upon him a show-cause notice to show cause as to why the notice under Section 148 should not be issued on the basis of the information with the Assessing Officer as per clause A(a). The Assessing Officer has to consider the reply furnished by the assessee, if any, in response to the show-cause notice and thereafter decide on the basis of the material available on record including the reply of the assessee, whether or not it is a fit case to issue a notice under Section 148 by passing an order under clause (d) of Section 148A within one month from the end of the month in which the reply referred to in clause (c) is received by him or otherwise. Therefore, we are of the opinion that that the petitioner ought to have been given an opportunity of hearing and the respondent- Authority thereafter ought to have considered the material produced on record by the petitioner. We are not satisfied by the reasoning part of the impugned order, more particularly, when the details were supplied by the petitioner. Hence, we are of the opinion that the matter requires consideration and the same is allowed. The impugned order dated 31.03.2022 is hereby quashed and set aside. The matter is remitted back to the respondent- Authority. The respondent-Authority shall proceed further with the case under the provisions of Sub-sections (b) and (c) of Section 148A of the Act and shall afford an opportunity of hearing to the petitioner and thereafter pass a detailed order in accordance with law under Section 148A(d) of the Act.

Summary

Issues:
1. Validity of the impugned order u/s.148A(d) dated 31.03.2022 for A.Y.2018-19
2. Legality of restraining the Respondent from issuance of notice u/s.148 of the Act for A.Y.2018-19
3. Quashing the impugned notice and order
4. Maintenance of status quo pending the hearing
5. Consideration of evidence and documents by the respondent-Authority

Analysis:
Issue 1:
The petitioner sought the quashing of the impugned order u/s.148A(d) dated 31.03.2022 for A.Y.2018-19. The petitioner argued that the respondent-Authority should have provided an opportunity for a hearing and considered the evidence before passing the order. The petitioner contended that the order was vague and reflected a mechanical approach without proper examination of the details supplied. The respondent opposed the petition, supporting the impugned order.

Issue 2:
The petitioner also requested the court to restrain the Respondent from issuing a notice u/s.148 of the Act for A.Y.2018-19. The petitioner highlighted the dissolution of the partnership firm and the absence of taxable income during the Assessment Year 2018-2019. The respondent-Authority had issued a show-cause notice under Section 148A(b) of the Income Tax Act, followed by the impugned order u/s.148A(d) dated 31.03.2022, indicating a reopening of the assessment for the said year.

Issue 3:
In response to the notice, the petitioner submitted a reply on 20th March 2022, providing details related to the dissolution of the partnership firm and other relevant information. The court noted that the impugned order lacked proper reasoning and did not adequately consider the material supplied by the petitioner. Consequently, the court quashed and set aside the impugned order, remitting the matter back to the respondent-Authority for further consideration under the provisions of Sub-sections (b) and (c) of Section 148A of the Act.

Issue 4:
The petitioner also requested the court to maintain the status quo pending the hearing and final disposal of the petition. The court did not delve into the merits of the case but allowed the matter to proceed further, emphasizing the need for affording the petitioner an opportunity of hearing and passing a detailed order in accordance with the law under Section 148A(d) of the Act.

Issue 5:
The court highlighted the provisions of Section 148A inserted by the Finance Act, 2021, which require the Assessing Officer to conduct an inquiry, provide an opportunity of being heard to the assessee, and decide on the issuance of a notice under Section 148 based on the material available on record. The court emphasized the importance of following due process and providing a fair opportunity for the petitioner to present their case.