2013 (8) TMI 637 - HC - Income Tax

Period of Limitation in passing the assessment order - Petitioner has prayed for setting aside the assessment order dated 31.12.2004 for the assessment years 1998-99 to 2002-03 - Contention of the petitioner before the High Court that the original accounts books were seized by the office of the Assessing Officer under Section 131 (3) Held that - The contention of the Petitioner that original books of accounts is with Assessing officer is not factually correct - Petitioner was fully aware that the limitation for assessment was going to expire on 8.12.2004. Taking advantage of the letter of the Assessing Officer dated 24.12.2003, which was more than a year old and did not give any details of the books of accounts, which were seized from the previous director of the company, filed the earlier writ petition and obtained an order without disclosing the contents and nature of the documents, which were retained by the department and whether they were relevant for assessment. The petitioners were aware of the date fixed by the Assessing Officer in his last notice dated 17.12.2004, which was served on the petitioner on 20.12.2004. Inspite of appearing before the Assessing Officer and participating in the assessment proceedings the petitioner left a letter on the dak counter of the department on 29.12.2004, requesting to provide them documents. The petitioner-company refused to cooperate with the Assessing Officer in the assessment proceedings. They deliberately absented from the proceedings as they could not have faced the Assessing Officer, who was aware of the facts and from whom they had taken time to produce the books of accounts No merit found in the writ petitions Writ Petitions dismissed Decided against the Assessee.

Summary

Issues Involved:

1. Legality of the assessment orders dated 31.12.2004 for the assessment years 1998-99 to 2002-03.
2. Challenge to the penalty orders under Section 271 (1) (b) and Section 271 (1) (c) of the Income Tax Act, 1961.
3. Alleged non-compliance with the High Court's order dated 23.12.2004 regarding the supply of documents.
4. The applicability of Section 170 of the Income Tax Act concerning the successor in business.
5. Alleged violation of principles of natural justice.

Detailed Analysis:

1. Legality of the Assessment Orders:

The petitioner challenged the assessment orders dated 31.12.2004, arguing that the Assessing Officer (AO) did not comply with the High Court's order to provide copies of certain documents. The court found that the AO had not seized the original books of accounts, as claimed by the petitioner. The petitioner's request for more time to produce books of accounts indicated that the books were with them. The court concluded that the petitioner was aware of the assessment deadlines and failed to cooperate with the AO, leading to the assessment orders being passed without the necessary documents. Thus, the court found no merit in interfering with the assessment orders.

2. Challenge to the Penalty Orders:

The petitioner also challenged the penalty orders under Sections 271 (1) (b) and 271 (1) (c) for the same assessment years. The court noted that these penalties were consequential to the assessment orders and were imposed due to non-compliance with notices and concealment of income. Since the court upheld the assessment orders, it also found no merit in the challenge to the penalty orders, dismissing the related writ petitions.

3. Non-compliance with the High Court's Order:

The petitioner argued that the AO acted in contempt of the High Court's order dated 23.12.2004, which directed the AO to provide photocopies of the documents within two weeks. The court observed that the AO had clarified that only photocopies of some documents were in possession, and the original books were with the petitioner. The court concluded that the petitioner did not adequately demonstrate that the documents seized were relevant for the assessment, and thus, there was no contempt of the court's order.

4. Applicability of Section 170 of the Income Tax Act:

The petitioner contended that as successors in business, they should not be liable for the assessments of the years when they were not in control. The court rejected this argument, stating that Section 170 of the Act did not absolve the petitioner of liability for the assessment years in question. The court emphasized that the petitioner had a duty to comply with the assessment proceedings irrespective of the change in control.

5. Violation of Principles of Natural Justice:

The petitioner claimed that the principles of natural justice were violated as they were not provided with the necessary documents to respond to the AO's queries effectively. The court found that the petitioner was given ample opportunity to produce the documents and respond to the notices. The court held that the petitioner's failure to cooperate and participate in the assessment proceedings was deliberate, and there was no violation of natural justice.

Conclusion:

The court dismissed all the writ petitions, upholding the assessment orders dated 31.12.2004 and the consequent penalty orders under Sections 271 (1) (b) and 271 (1) (c) of the Income Tax Act, 1961. The court found that the petitioner failed to establish any grounds for interference, including the alleged non-compliance with the High Court's order, the applicability of Section 170, and the claimed violation of principles of natural justice.