2022 (9) TMI 974 - AT - Income Tax

Reopening of assessment u/s 147 - non-receiving the notice by the assessee during the assessment proceedings - Reason to believe - HELD THAT - AO had issued notice to the assessee as per the available record in PAN data basis. There is no error on the part of the AO on the service of the notice to the assessee within stipulated time. The assessee also had not informed the AO about his current jurisdiction or the communication address for serving of notice. Related to the grievance for reopening on basis of AIR data which is related to borrowed satisfaction of the AO, this ground is agitated first time before the ITAT. This particular ground was not taken before the CIT(A). In our opinion the said ground should be considered by the CIT(A) on the basis of available record. Assessee had not made any argument on factual ground during the hearing. So, the only ground related to reopening on basis of AIR data is setting aside to the CIT(A) for adjudication. The assessee should get reasonable opportunity of hearing before the CIT(A) for his argument.The appeal of the assessee is allowed for statistical purpose.

Issues Involved:
1. Validity of service of notice to the assessee.
2. Initiation of proceedings under section 147/148 of the Income Tax Act, 1961.
3. Satisfaction recorded by the Pr.CIT for issuing notice under section 148.
4. Jurisdiction for reopening proceedings based on information of cash deposits.
5. Validity of reopening proceedings based on AIR information.
6. Determination of income without considering explanations and evidence.
7. Validity of ex-parte assessment.
8. Compliance with principles of natural justice in assessment proceedings.

Issue 1: Validity of Service of Notice to the Assessee:
The appellant challenged the validity of service of notice, arguing that it was not received as the assessee had moved to Canada. The CIT(A) upheld the validity, considering the documents under Rule 46A of the Income Tax Rule, 1962. The ITAT dismissed grounds 1 to 3 of the assessee, indicating that the notice service was upheld.

Issue 2: Initiation of Proceedings under Section 147/148:
The appellant contested the initiation of proceedings under section 147/148 based on cash deposits in the bank account, arguing it was impermissible under the law. The ITAT referred to the challenge related to reopening based on AIR data, setting aside the ground for CIT(A) to consider. Grounds 4 and 5 were allowed for statistical purposes.

Issue 3: Satisfaction Recorded by Pr.CIT for Issuing Notice under Section 148:
The appellant claimed that the satisfaction required under section 151 was not recorded by the Pr.CIT for issuing notice under section 148. However, this issue was not explicitly addressed in the ITAT judgment.

Issue 4: Jurisdiction for Reopening Proceedings Based on Information of Cash Deposits:
The appellant argued that the reopening proceedings were based solely on information of cash deposits, which did not confer valid jurisdiction under section 148. The ITAT did not provide a specific ruling on this issue.

Issue 5: Validity of Reopening Proceedings Based on AIR Information:
The challenge regarding reopening based on AIR data, which was raised before the ITAT but not before the CIT(A), was set aside for the CIT(A) to adjudicate. The ITAT emphasized that the assessee should have a reasonable opportunity of hearing before the CIT(A) for this argument.

Issue 6: Determination of Income Without Considering Explanations and Evidence:
The appellant contended that the income determination of Rs.15,17,500 was arbitrary and unlawful, as the source of cash deposits was fully explained with supporting evidence. The ITAT did not provide a direct ruling on this issue.

Issue 7: Validity of Ex-Parte Assessment:
The appellant challenged the ex-parte assessment at a total income of Rs.15,17,500, arguing that section 68 of the Act could not apply to bank statements. The ITAT did not explicitly address this issue in the judgment.

Issue 8: Compliance with Principles of Natural Justice in Assessment Proceedings:
The appellant raised concerns about the violation of principles of natural justice in the assessment proceedings due to non-receipt of notices. However, the ITAT did not provide a detailed ruling on this issue.

In conclusion, the ITAT allowed the appeal of the assessee for statistical purposes, dismissing some grounds while setting aside others for further consideration. The judgment highlighted the importance of providing the assessee with a reasonable opportunity of hearing before the CIT(A) on specific legal grounds.

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