2024 (10) TMI 88 - HC - Income Tax

Validity of Reopening of assessment u/s 147 - Reasons to believe - importance of reasons to be given in the order - HELD THAT - The impugned order passed by the AO has recorded the contents of the notice issued u/s 148A(b) of the Act and thereafter reproduced the entire submissions made by the petitioner and again reiterated the contents of the notice u/s 148A(b) of the Act to come to prima facie conclusion that it is a fit case to reopen the assessment. Reasons are required to be given by any quasi judicial authority dealing with the contentions raised more particularly in the Scheme of the Act when it stipulates statutory opportunity to the assessee to file reply to the notice issued u/s 148A(b) of the Act and thereafter on consideration of the reply and materials on record, the AO is required to come to the prima facie conclusion that it is a fit case to reopen the assessment. Thus, the impugned order u/s 148A(d) is not tenable as it is bereft of any reason and consequently, notice u/s 148 is also liable to be quashed and set aside.

Summary

Issues Involved:
1. Validity of the notice under Section 148A(b) dated 27th March 2024.
2. Validity of the order under Section 148A(d) and the notice under Section 148 dated 19th April 2024.
3. Compliance with the requirement to provide reasons for the order under Section 148A(d).
4. Jurisdiction of the Assessing Officer to initiate re-assessment proceedings.

Issue-Wise Detailed Analysis:

1. Validity of the notice under Section 148A(b) dated 27th March 2024:
The petitioner challenged the notice under Section 148A(b) of the Income Tax Act, 1961, issued on 27th March 2024. The petitioner contended that this notice was issued on the same grounds as previous notices in 2021 and 2023, which had not resulted in any further action. The court noted that the petitioner had responded to the notice on 15th April 2024, providing detailed objections and past correspondence on the issue. The court found that the Assessing Officer did not provide reasons for ignoring the petitioner's detailed submissions, which is a prerequisite for issuing such a notice.

2. Validity of the order under Section 148A(d) and the notice under Section 148 dated 19th April 2024:
The petitioner also challenged the order under Section 148A(d) and the consequential notice under Section 148, both dated 19th April 2024. The court observed that the Assessing Officer had merely reproduced the contents of the notice under Section 148A(b) and the petitioner's submissions without addressing the issues raised by the petitioner. The court emphasized that reasons are required to be given by any quasi-judicial authority, particularly when the statute provides a statutory opportunity for the assessee to file a reply.

3. Compliance with the requirement to provide reasons for the order under Section 148A(d):
The court highlighted the importance of providing reasons in quasi-judicial orders, referencing the Supreme Court's decision in S.N. Mukherjee v. Union of India, which emphasized that reasons must be recorded to prevent arbitrariness and ensure fairness. The court found that the Assessing Officer failed to provide reasons for rejecting the petitioner's submissions, rendering the order under Section 148A(d) invalid. The court stated, "Merely reproduction of the reply filed by the assessee cannot be said to be compliance of provisions of Section 148A(d) of the Act."

4. Jurisdiction of the Assessing Officer to initiate re-assessment proceedings:
The petitioner argued that the Assessing Officer could not assume jurisdiction to reopen the assessment on the same issue previously considered unfit for reopening. The court agreed, noting that the Assessing Officer had issued three notices on the same grounds without taking further action. The court concluded that the Assessing Officer's failure to address the petitioner's detailed objections and provide reasons for reopening the assessment invalidated the re-assessment proceedings.

Conclusion:
The court quashed and set aside the impugned order under Section 148A(d) dated 19th April 2024 and the notice under Section 148 of the same date. The court directed the Assessing Officer to proceed from the stage of issuance of the notice under Section 148A(b), consider the petitioner's reply, and pass a fresh order under Section 148A(d) in accordance with the law within twelve weeks. The court emphasized the necessity of providing reasons for quasi-judicial orders to ensure fairness and prevent arbitrariness. The rule was made absolute, with no order as to costs.