2013 (9) TMI 977 - HC - Income Tax

Validity of issue of Notice u/s 148 to assess the income escaped assessment Held that - No any material was discovered by A.O, prior to issuing notice under Section 148 nor any such material was discovered from any other source, which may have given him reason to believe that the income has escaped income. The A.O. based his findings on the same material, which were disclosed in the return after making some more enquiries and which was not permissible as the limitation of 4 years had expired - Not only primary evidence but all details and documents were before the A.O. and that it was obvious that no discrepancies or defects have been noted by the AO in respect of such details/ documents - Contention of the AO that the shares of the companies, which were private limited were not traceable in the stock exchange did not have conclusive evidentially value Decided against the Revenue.

Summary

Issues:
1. Validity of re-assessment proceedings based on specific information.
2. Justification of quashing re-assessment proceedings without objection during assessment.
3. Estoppel by conduct in challenging re-assessment proceedings.
4. Concealment of income leading to escaping assessment.

Analysis:
Issue 1: The appeal questioned the ITAT's decision to quash re-assessment proceedings based on specific, reliable information indicating income concealment. The Tribunal emphasized the necessity of reasons recorded by the Assessing Officer, citing the Hindustan Lever Ltd. v. R.B. Wadkar case. The notice under Section 148 outlined unexplained cash credits and fictitious long-term capital gains. However, the Tribunal found no failure of disclosure by the assessee, leading to the conclusion that the reopening of assessment was flawed.

Issue 2: The ITAT's decision to quash re-assessment proceedings without the assessee's objection during prior assessments was challenged. The CIT (A) detailed the lack of verification by the AO, highlighting the submission of supporting documents by the assessee. The CIT (A) concluded that no basis existed for the additions made by the AO, emphasizing the absence of discrepancies in the documents provided. The Tribunal upheld this view, noting the absence of new material discovered by the AO prior to issuing the notice under Section 148.

Issue 3: The appeal raised the issue of estoppel by conduct in challenging re-assessment proceedings. The Tribunal found that the assessee's conduct during assessment proceedings did not prevent them from challenging the re-assessment. The primary and supporting facts provided by the assessee were deemed sufficient, and the AO's additional inquiries after the limitation period were considered impermissible.

Issue 4: The question of whether the ITAT was justified in quashing re-assessment proceedings due to alleged income concealment was addressed. The Tribunal's decision was supported by the CIT (A)'s findings that the AO's suspicions lacked basis and that the documents provided by the assessee were comprehensive. The Tribunal dismissed the appeal, concluding that no new material was discovered to warrant re-assessment after the limitation period. The judgment upheld the Tribunal's decision to dismiss the income tax appeal.