2014 (12) TMI 95 - AT - Income Tax

Validity of notice for reopening of assessment u/s 147/148 Proper application of mind by AO or not for issuing notice - Held that - The AO has not made any addition with regard to donations as has been mentioned in the reasons recorded by the AO for issuance of notice u/s 148 of the Act - the AO has made addition of 26, 10, 000 in the reassessment order with regard to unsecured loans shown by the assessee in the balance sheet but in the reasons recorded by the AO the issue of unsecured loan has not been mentioned - the AO issued notice u/s 148 of the Act on the basis of same material which was before him during the assessment proceedings and the AO made additions on account of unsecured loans which has not been mentioned in the reasons recorded for issuance of notice u/s 148 of the Act - the AO has recorded his satisfaction without any verification and examination of the information received and mentioned that he has reason to believe that the income chargeable to tax for AY 2003-04 has escaped assessment - the AO issued notice u/s 148 of the Act without application of mind to the information received from the Director of Investigation New Delhi and the AO has not made any addition in this regard in the reassessment order but the addition has been made on account of unsecured loan which was not mentioned in the reasons recorded revenue has not disputed the fact that the detail of donors was submitted before the AO during original assessment proceedings - the AO has his own jurisdiction without any basis which was not valid and bad in law hence notice u/s 148 of the Act and all subsequent proceedings are not sustainable and the notice u/s 148 is set aside Decided in favour of assesse.

Issues Involved:

1. Validity of the notice issued under Section 148 of the Income Tax Act.
2. Whether the Assessing Officer (AO) applied his mind before issuing the notice under Section 147/148.
3. Whether the AO disposed of the objections raised by the assessee against the initiation of proceedings under Section 147/148.
4. The addition of income based on alleged bogus accommodation entries.
5. The addition of unsecured loans not mentioned in the reasons for reopening the assessment.

Issue-wise Detailed Analysis:

1. Validity of the notice issued under Section 148:

The Tribunal examined whether the notice issued under Section 148 of the Income Tax Act was valid. The AO initiated proceedings under Section 147 based on information from the Investigation Wing that the assessee had received bogus accommodation entries amounting to Rs. 16,61,000. However, the AO did not make any addition regarding these alleged donations in the reassessment order. Instead, the AO made an addition of Rs. 26,10,000 related to unsecured loans, which was not mentioned in the reasons recorded for reopening the assessment. The Tribunal concluded that the AO issued the notice under Section 148 without applying his mind to the information received, rendering the notice and subsequent proceedings invalid and unsustainable.

2. Whether the AO applied his mind before issuing the notice under Section 147/148:

The Tribunal scrutinized whether the AO had applied his mind before issuing the notice under Section 147/148. The AO merely reproduced the details received from the Director of Income Tax (Investigation) and recorded his satisfaction without any verification or examination of the information. The Tribunal found that the AO did not apply his independent mind to the information received, which is a prerequisite for initiating proceedings under Section 147. Consequently, the Tribunal held that the AO's action was without basis, invalid, and bad in law.

3. Whether the AO disposed of the objections raised by the assessee against the initiation of proceedings under Section 147/148:

The assessee contended that the AO failed to dispose of the objections raised against the initiation of proceedings under Section 147/148. The Tribunal noted that the AO did not address the objections in writing, which is a procedural requirement. This failure further invalidated the proceedings initiated under Section 147/148. Therefore, the Tribunal quashed the notice under Section 148 and all subsequent proceedings.

4. The addition of income based on alleged bogus accommodation entries:

The AO alleged that the assessee received bogus accommodation entries amounting to Rs. 16,61,000. However, the Tribunal observed that the AO did not make any addition regarding these alleged donations in the reassessment order. Instead, the AO denied the benefits under Sections 11 and 12 of the Act, holding that the assessee arranged funds through prohibited means. The Tribunal found that the AO's action was not supported by the reasons recorded for reopening the assessment, leading to the conclusion that the AO's action was without basis and unsustainable.

5. The addition of unsecured loans not mentioned in the reasons for reopening the assessment:

The AO made an addition of Rs. 26,10,000 related to unsecured loans, which was not mentioned in the reasons recorded for reopening the assessment. The Tribunal noted that the AO initiated proceedings under Section 147/148 based on alleged donations, but the reassessment order did not address these donations. Instead, the AO made additions related to unsecured loans, which were not part of the reasons for reopening the assessment. The Tribunal held that the AO's action was without basis and invalid, leading to the quashing of the notice under Section 148 and all subsequent proceedings.

Conclusion:

The Tribunal allowed the appeal of the assessee, quashing the notice under Section 148 and all subsequent proceedings. The Tribunal held that the AO did not apply his mind before issuing the notice, failed to dispose of the objections raised by the assessee, and made additions unrelated to the reasons recorded for reopening the assessment. Consequently, the Tribunal found the AO's actions invalid and unsustainable, leading to the dismissal of other grounds raised by the assessee as they did not survive for adjudication on merits.

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