2025 (3) TMI 1363 - AT - Income Tax

Reopening of assessment u/s 147 - notice issued by non-jurisdictional AO Ward-3(4) Ludhiana - notice to an NRI - jurisdiction was assumed by the DCIT International Taxation on the basis of the notice u/s 148 as issued by ITO Ward-3(l) Chandigarh - HELD THAT - The assessee was a NRI from 2000 to 2013 and he had earlier been living in Afghanistan but due to disturbed conditions he came back to India under adverse circumstances and also that there was no fresh issue of a notice u/s 148 by the Assessing Officer International Taxation. The jurisdiction was assumed by the DCIT International Taxation on the basis of the notice u/s 148 as issued by ITO Ward-3(l) Chandigarh. As the AO ITO Ward 3 (1) did not have the jurisdiction to issue the notice u/s 148 realising his mistake on his own he transferred the case to the DCIT International Taxation Chandigarh which is evident form the following observations of the AO without their being any intimation or request from the assessee. Thus we have no hesitation in holding that the initiation of proceedings u/s 148 by the ITO Ward-3(1) Chandigarh was bad in law. Decided in favour of assessee.

ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment include:

1. Whether the appeal filed by the Assessee should be condoned despite being time-barred by 140 days.

2. Whether the notice under Section 148 of the Income Tax Act was validly issued and served, considering the jurisdictional issues.

3. Whether the addition of Rs. 28.50 lacs to the Assessee's income was justified, given the claim that the amount was from the sale of rural agricultural land and thus not taxable as capital gains.

4. Whether the transfer of the case to the DCIT (International Taxation) without a fresh notice under Section 148 was valid.

ISSUE-WISE DETAILED ANALYSIS

1. Condonation of Delay

The Tribunal considered the affidavit filed by the Assessee explaining the delay in filing the appeal. The reasons provided were deemed satisfactory, and the delay was condoned without objection from the Department's representative.

2. Validity of Notice under Section 148

Relevant Legal Framework and Precedents: The issuance of a notice under Section 148 is a crucial step in reassessment proceedings. The notice must be issued by an officer with proper jurisdiction, and valid service is a prerequisite for jurisdictional assumption.

Court's Interpretation and Reasoning: The Tribunal found that the initial notice under Section 148 was issued by the ITO Ward-3(1), Chandigarh, who lacked jurisdiction over the Assessee, a non-resident Indian (NRI). The case was transferred to the DCIT, International Taxation, without a fresh notice being issued.

Key Evidence and Findings: The Assessee's non-resident status was known, yet the notice was issued by a non-jurisdictional officer. The Tribunal referenced judgments that support the necessity of jurisdictional validity for notices under Section 148.

Application of Law to Facts: The Tribunal applied the principle that a notice issued by a non-jurisdictional officer is invalid, rendering subsequent proceedings void.

Treatment of Competing Arguments: The Department argued that the DCIT, International Taxation, acted correctly based on the initial notice. However, the Tribunal emphasized the need for jurisdictional validity at the notice issuance stage.

Conclusions: The Tribunal concluded that the proceedings initiated under Section 148 were void due to the lack of jurisdiction by the officer who issued the notice.

3. Addition of Rs. 28.50 Lacs

Relevant Legal Framework and Precedents: The sale of rural agricultural land is not subject to capital gains tax if it is located beyond a certain distance from municipal limits.

Court's Interpretation and Reasoning: The Assessee provided evidence that the land was beyond 12 km from municipal limits, supported by a Tehsildar's certificate, thus exempting it from capital gains tax.

Key Evidence and Findings: Sale deeds and the Tehsildar's certificate were presented to support the claim that the land sale proceeds were not taxable.

Application of Law to Facts: The Tribunal found that the addition was unjustified as the proceeds were from the sale of exempt agricultural land.

Treatment of Competing Arguments: The Department did not provide sufficient evidence to counter the Assessee's claim of exemption.

Conclusions: The Tribunal determined that the addition of Rs. 28.50 lacs was not sustainable.

4. Transfer of Case to DCIT (International Taxation)

Relevant Legal Framework and Precedents: Transfer of jurisdiction requires valid procedural steps, including the issuance of a fresh notice if jurisdiction changes.

Court's Interpretation and Reasoning: The Tribunal found that the transfer occurred without the Assessee's request and without a fresh notice, which was procedurally improper.

Key Evidence and Findings: The transfer was initiated by the ITO Ward-3(1) without Assessee's consent or a new notice.

Application of Law to Facts: The Tribunal applied the principle that such transfers require adherence to procedural norms, which were not followed.

Treatment of Competing Arguments: The Department's argument that the transfer was justified based on the Assessee's NRI status was not sufficient to override procedural requirements.

Conclusions: The Tribunal concluded that the transfer was invalid due to the lack of a fresh notice and procedural adherence.

SIGNIFICANT HOLDINGS

Preserve Verbatim Quotes of Crucial Legal Reasoning: "Since the assessment has been framed by the AO of International Tax on the basis of notice u/s 148 issued by the non-jurisdictional AO, the assessment framed by the AO of International Tax is quashed."

Core Principles Established: Jurisdictional validity of notices under Section 148 is a condition precedent for reassessment proceedings. The sale of rural agricultural land beyond municipal limits is exempt from capital gains tax.

Final Determinations on Each Issue: The Tribunal quashed the assessment proceedings due to jurisdictional defects in the issuance of the notice under Section 148 and the improper transfer of the case. The addition of Rs. 28.50 lacs was also set aside.

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