2013 (4) TMI 193 - HC - Income Tax

Deleting the addition - Re-opening of assessment u/s 147 of the Act on the basis of D.V.O. s report - Held that - the Tribunal has rightly placed reliance upon the judgment of the Apex Court in the Case of Assistant Commissioner of Income-tax v. Dhariya Construction Co (2010 (2) TMI 612 - Supreme Court of India). The Department sought reopening of the assessment based on the opinion given by the District Valuation Officer (DVO) - The opinion of the DVO per se is not an information for the purposes of reopening assessment under section 147 of the Income-tax Act, 1961 - The Assessing Officer has to apply his mind to the information, if any, collected and must form a belief thereon - In the circumstances, there is no merit in the civil appeal - The Department was not entitled to reopen the assessment. - Decided against the revenue.

Summary

Issues:
1. Addition of unexplained investment in the construction of a house in reassessment proceedings.
2. Validity of re-opening assessment under section 147 of the Income Tax Act based on the District Valuation Officer's report.
3. Reliance on a Supreme Court decision for quashing the re-assessment despite distinguishable facts.

Analysis:

Issue 1:
The appellant challenged the deletion of an addition of Rs.22,54,466 made by the Assessing Officer in reassessment proceedings regarding unexplained investment in the construction of a house. The Tribunal justified the deletion, leading to the appeal. The High Court upheld the Tribunal's decision, emphasizing the necessity for the Assessing Officer to apply his mind to collected information before initiating reassessment under section 147 of the Income Tax Act. The Court cited a Supreme Court judgment and found no merit in the appeal, ruling in favor of the assessee-respondent.

Issue 2:
The second issue revolved around the validity of re-opening the assessment under section 147 based on the District Valuation Officer's report. The Tribunal set aside the re-assessment proceedings, citing a Supreme Court decision that highlighted the requirement for the Assessing Officer to form a belief based on information collected, rather than solely relying on the DVO's opinion. The High Court concurred with the Tribunal's decision, stating that the DVO's opinion alone does not qualify as valid information for reassessment. The Court dismissed the appeal, reinforcing the importance of the Assessing Officer's independent evaluation of gathered information.

Issue 3:
Lastly, the Tribunal's reliance on a Supreme Court decision in the case of ACIT vs. Dhariya Construction Co. for quashing the re-assessment despite factual distinctions was questioned. The High Court, after thorough consideration, found no grounds for distinguishing the applicability of the Supreme Court's judgment to the present case. The Court reiterated the necessity for the Assessing Officer to independently assess collected information before initiating reassessment proceedings under section 147. The appeal was dismissed, affirming the Tribunal's decision and ruling in favor of the assessee-respondent based on established legal principles and precedents.