2022 (9) TMI 467 - AT - Income Tax

Reopening of assessment u/s 147 - Bogus LTCG - HELD THAT - Following the earlier order of Tribunal in the case of Sarita Dudheria cited 2022 (3) TMI 1418 - ITAT BANGALORE the issue in dispute relating to the reopening is decided against the assessee. However, on merit, the issue is remitted to the file of AO for fresh consideration on similar directions as in the case of Sarita Dudheria cited (supra) - Appeals of the assessee are partly allowed for statistical purposes.

Issues Involved:
1. Legality of the orders against the assessee.
2. Dispute over computed total income and tax.
3. Alleged violation of natural justice and procedural fairness.
4. Validity of notice and proceedings under Section 148.
5. Jurisdictional issues and limitation in reassessment.
6. Overlapping notices under Section 148.
7. Justification for reopening assessment under Section 147.
8. Procedure followed under Section 144.
9. Disclosure of material facts by the appellant.
10. Compliance with Supreme Court guidelines for Section 148 proceedings.
11. Reassessment based on change of opinion.
12. Validity of findings by authorities.
13. Reliance on sworn statements without cross-examination.
14. Lack of complete details provided to the appellant.
15. Use of irrelevant material by authorities.
16. Addition of Rs. 1,99,52,625 under Section 68.
17. Treatment of capital gains from share transfers.
18. Application of Section 68.
19. Refusal to apply beneficial treatment under the Act.
20. Addition of Rs. 5,98,578 under Section 69C.
21. Estimation of commission paid under Section 69C.
22. Liability for interest under Sections 234B, 234C, and 234D.
23. Opportunity before levy of interest.
24. Consequential relief in levy of interest.

Detailed Analysis:

1. Legality of Orders Against the Assessee:
The appellant argued that the orders were against the law, facts, and principles of natural justice. The tribunal found that the authorities had followed due process, and the orders were upheld.

2. Dispute Over Computed Total Income and Tax:
The appellant disputed the total income and tax computed by the authorities. The tribunal upheld the authorities' computation based on the evidence and reasons provided.

3. Alleged Violation of Natural Justice and Procedural Fairness:
The appellant claimed insufficient opportunity to present their case, violating natural justice. The tribunal found that the authorities had provided adequate opportunity and the principles of natural justice were not violated.

4. Validity of Notice and Proceedings Under Section 148:
The appellant challenged the validity of the notice under Section 148, arguing it was without jurisdiction and barred by limitation. The tribunal upheld the notice, finding it was issued with proper approval and within the legal timeframe.

5. Jurisdictional Issues and Limitation in Reassessment:
The appellant argued that the reassessment proceedings were without jurisdiction and barred by limitation. The tribunal found the reassessment proceedings valid and within jurisdiction.

6. Overlapping Notices Under Section 148:
The appellant contended that overlapping notices under Section 148 rendered the proceedings invalid. The tribunal found that the notices were properly issued and did not invalidate the proceedings.

7. Justification for Reopening Assessment Under Section 147:
The appellant argued that the conditions for reopening assessment under Section 147 were absent. The tribunal found that the authorities had sufficient reasons to reopen the assessment based on new information.

8. Procedure Followed Under Section 144:
The appellant claimed that the authorities did not follow the prescribed procedure under Section 144. The tribunal found that the authorities had followed the correct procedure in framing the order.

9. Disclosure of Material Facts by the Appellant:
The appellant argued that they had disclosed all material facts necessary for assessment. The tribunal found that the appellant had not disclosed all relevant facts, justifying the reassessment.

10. Compliance with Supreme Court Guidelines for Section 148 Proceedings:
The appellant claimed that the reassessment proceedings violated Supreme Court guidelines. The tribunal found that the authorities had complied with the guidelines set by the Supreme Court.

11. Reassessment Based on Change of Opinion:
The appellant argued that the reassessment was based on a change of opinion. The tribunal found that the reassessment was based on new information and not merely a change of opinion.

12. Validity of Findings by Authorities:
The appellant contended that the authorities' findings were unsustainable and contrary to the facts. The tribunal upheld the findings of the authorities based on the evidence provided.

13. Reliance on Sworn Statements Without Cross-Examination:
The appellant argued that the authorities relied on sworn statements without providing an opportunity for cross-examination. The tribunal found that the authorities had provided sufficient opportunity for cross-examination.

14. Lack of Complete Details Provided to the Appellant:
The appellant claimed that the authorities did not provide complete details before calling for objections. The tribunal found that the authorities had provided all necessary details to the appellant.

15. Use of Irrelevant Material by Authorities:
The appellant argued that the authorities relied on irrelevant material while ignoring relevant material. The tribunal found that the authorities had relied on relevant material and their findings were justified.

16. Addition of Rs. 1,99,52,625 Under Section 68:
The appellant contested the addition of Rs. 1,99,52,625 under Section 68. The tribunal upheld the addition, finding it justified based on the evidence.

17. Treatment of Capital Gains from Share Transfers:
The appellant argued that the capital gains from share transfers were wrongly treated under Section 68. The tribunal upheld the authorities' treatment of the capital gains.

18. Application of Section 68:
The appellant contended that the authorities erred in applying Section 68. The tribunal found that the application of Section 68 was justified based on the evidence.

19. Refusal to Apply Beneficial Treatment Under the Act:
The appellant argued that the authorities refused to apply beneficial treatment under the Act. The tribunal found that the authorities' decision was justified based on the facts of the case.

20. Addition of Rs. 5,98,578 Under Section 69C:
The appellant contested the addition of Rs. 5,98,578 under Section 69C. The tribunal upheld the addition, finding it justified based on the evidence.

21. Estimation of Commission Paid Under Section 69C:
The appellant argued that the estimation of commission paid under Section 69C was based on surmise. The tribunal found that the estimation was reasonable and justified.

22. Liability for Interest Under Sections 234B, 234C, and 234D:
The appellant denied liability for interest under Sections 234B, 234C, and 234D. The tribunal upheld the authorities' decision to levy interest.

23. Opportunity Before Levy of Interest:
The appellant claimed that no opportunity was given before the levy of interest. The tribunal found that the authorities had provided sufficient opportunity to the appellant.

24. Consequential Relief in Levy of Interest:
The appellant sought consequential relief in the levy of interest. The tribunal found that the authorities' decision was justified and did not grant relief.

Conclusion:
The tribunal upheld the authorities' orders and decisions on all issues, finding that the authorities had followed due process and provided sufficient opportunity to the appellant. The appeals were partly allowed for statistical purposes, with directions for fresh consideration on specific issues.

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