2015 (5) TMI 393 - HC - Income Tax

Reopening of assessment - ITAT uphold validity of reopening u/s.147 read with s.148 - grievance of the assessee that reasons to reopen the assessment were recorded by one officer and the notice under section 148 was by another officer - Held that - The present Tax Appeal is allowed and the matter is remitted to the file of the learned Tribunal directing to decide and dispose of the appeal on remand afresh in accordance with law and on merits and to deal with the contention on behalf of the appellant that the reasons were recorded by one officer and the notice under Section 148 of the Income Tax Act, 1961 was issued by another officer and therefore, reassessment has been vitiated. - Decided in favour of assessee by way of remand.

Summary

Issues:
1. Interpretation of scheme and provisions of Income Tax Act, 1961 for validity of reopening u/s.147 read with s.148
2. Consideration of relevant material for upholding jurisdiction u/s.147 and s.148 for reopening of assessment

Analysis:

Issue 1:
The appellant challenged the judgment passed by the Income Tax Appellate Tribunal, Ahmedabad Bench, regarding the validity of reopening the assessment for the assessment year 2006-07. The main contention was that the Tribunal erred in interpreting the provisions of the Income Tax Act, 1961, along with the jurisdictional High Court decision. The appellant argued that the Tribunal failed to consider the ground raised about the reassessment proceedings being vitiated due to the reasons for reopening recorded by one officer and the notice issued by another officer. The Tribunal did not address this specific ground or the decision relied upon by the appellant.

Issue 2:
The advocate for the Revenue could not establish that the Tribunal had indeed considered the appellant's submission regarding the reassessment proceedings being vitiated. The High Court, after hearing arguments from both sides, decided not to delve into the merits of the case but concluded that the matter should be remanded back to the Tribunal for a fresh decision. The High Court emphasized the importance of the Tribunal addressing all grounds raised, including the issue of different officers recording reasons and issuing notices for reassessment. The Court allowed the Tax Appeal, quashed the Tribunal's judgment, and instructed the Tribunal to decide the appeal afresh within three months, considering all aspects in accordance with the law and on merits.

In summary, the High Court remanded the case back to the Tribunal for a fresh decision, emphasizing the need to address all grounds raised by the appellant, including the issue of different officers being involved in the reassessment process. The Court refrained from expressing any opinion on the validity of the reassessment proceedings, directing the Tribunal to decide the matter within three months.