2008 (8) TMI 524 - HC - Income Tax

Reassessment- There was no allegation with regard to purchase and sale of certain shares of DEIL. However there was no allegation with regard to the purchase and sale of shares of DEIL by the assessee company, and furthermore, simple purchase or sale of shares could not result in escapement of income unless there was information to the effect that some shares were sold and profits arising therefrom had not been declared in the income tax return. Held that- in the reassessment order there was no addition in pursuance of the reasons recorded by the Assessing Officer. The only addition has been made on account of interest notionally calculated by the Assessing Officer on the amount of advance given to the subsidiary company. The order of reassessment was not valid.

Summary

Issues involved:
Reopening of assessment proceedings under section 147 for the assessment year 1996-97.

Analysis:

1. Reopening of Assessment Proceedings:
The appeal pertains to the reopening of assessment proceedings for the assessment year 1996-97 under section 147 of the Income-tax Act, 1961. The original assessment was completed under section 143(3) of the Act. The Assessing Officer reopened the assessment after the expiry of four years from the end of the assessment year. The reasons for reopening mentioned the allotment and sale of shares of a specific company, but there was no allegation regarding the purchase and sale of shares by the assessee company. The reassessment resulted in no addition related to the reasons for reopening but an addition on account of notional interest on advances given to subsidiary companies/trusts.

2. Appeal and Tribunal's Findings:
The assessee appealed before the Commissioner of Income-tax (Appeals) who found the initiation of proceedings under section 147 to be invalid. Additionally, the Commissioner held that the addition of notional interest was not justified on merits as the assessee had more interest-free funds than the loans/advances given. The Tribunal upheld the Commissioner's findings, stating that the proceedings under section 147 were invalid as there was no allegation of failure to disclose material facts or income escapement by the assessee. The Tribunal also agreed with the Commissioner on the merits of the deletion of the disallowance of interest notionally calculated.

3. Judgment and Dismissal of Appeal:
The High Court dismissed the Revenue's appeal for the assessment year 1996-97, upholding the Tribunal's decision. The High Court found no infirmity in the Commissioner's order regarding the legal issue of reopening and the deletion of disallowance of interest notionally calculated. The Court stated that no substantial question of law arose for consideration, and there was no basis to take a different view from that of the Tribunal.

In conclusion, the High Court upheld the Tribunal's decision, dismissing the Revenue's appeal for the assessment year 1996-97 based on the invalidity of the proceedings under section 147 and the lack of merit in the addition of notional interest.