2014 (7) TMI 689 - HC - Income Tax

Reassessment notice u/s 147 r.w 148 Opinion of audit party - Held that - Mere opinion of the audit party cannot form the basis for the AO to reopen the closed assessment that too beyond four years from the end of relevant assessment year The decision in COMMISSIONER OF INCOME TAX Versus SHILP GRAVURES LTD 2013 (11) TMI 581 - GUJARAT HIGH COURT followed - If the reassessment proceedings are initiated merely and solely at the instance of the audit party and there was no independent application of mind by the AO with respect to subjective satisfaction for initiation of the reassessment proceedings, the notices cannot be sustained and the same deserves to be quashed and set aside Decided in favour of Assessee.

Summary

Issues:
Challenge to reassessment proceedings based on audit objections.

Analysis:
The judgment pertains to a group of petitions challenging the initiation of reassessment proceedings under the Income Tax Act for different Assessment Years based on audit objections. The petitions were consolidated and decided together. The court considered the facts and circumstances of each case, where notices were issued to reopen the assessment orders. The primary issue was whether the reassessment proceedings were validly initiated solely on audit objections without the Assessing Officer's independent application of mind.

In the case of the Assessment Year 2007-08, the petitioner, engaged in construction business, had filed a return declaring 'NIL' income, which was accepted after assessment. Subsequently, a notice under Section 148 was issued to reopen the assessment based on audit objections. The Assessing Officer believed that income had escaped assessment due to irregularities in the computation of income. The petitioner objected to the reassessment on both merit grounds and the basis of initiation. The Assessing Officer disposed of the objections, prompting the petitioner to challenge the reassessment proceedings through Special Civil Applications.

The petitioner argued that the initiation of reassessment solely on audit objections was illegal and beyond the Assessing Officer's jurisdiction without subjective satisfaction. Citing relevant case law, the petitioner sought to quash the reassessment proceedings. The court examined the original files and documents to ascertain the basis for initiating the reassessment. It was found that the proceedings were indeed commenced solely on audit objections without independent application of mind by the Assessing Officer.

Relying on precedent, the court held that if reassessment proceedings are initiated solely at the behest of the audit party without the Assessing Officer's subjective satisfaction, such notices are unsustainable. Therefore, the court allowed the petitions, quashed the impugned notices for all Assessment Years, and ruled in favor of the petitioners. The judgment emphasized the importance of the Assessing Officer's independent decision-making in initiating reassessment proceedings, highlighting the need for subjective satisfaction rather than reliance solely on audit objections.