2015 (9) TMI 708 - AT - Income Tax

Reopening of assessment - jurisdiction of Officer over the assessee issuing the notice - Held that - In the instant case, the designated officer having received information from the AIR has issued notice under section 148 of the Act to the assessee without ascertaining the facts about his jurisdiction over the assessee. He has also made an attempt to frame assessment over the assessee without having jurisdiction over the assessee. The assessee has raised objection about jurisdiction before the Assessing Officer on receipt of notice under section 148 of the Act. Thereafter, the Assessing Officer has transferred the file to the concerned Assessing Officer, i.e., Income-tax Officer V having jurisdiction over the assessee. The Income-tax Officer V has not issued any notice under section 148 of the Act in order to assume jurisdiction to complete the assessment under section 147 of the Act. He has proceeded further on the basis of the notice issued under section 148 of the Act by a designated officer. Since the notice under section 148 of the Act was issued by an officer not having jurisdiction over the assessee, the notice itself is bad and invalid. Therefore, the assessment framed consequent thereto also deserves to be quashed. - Decided in favour of assessee.

Issues:
1. Jurisdiction of the Assessing Officer to issue notice under section 148.
2. Validity of reassessment framed based on the notice issued.
3. Compliance with notice under section 142(1) by the assessee.
4. Addition of unexplained credits in bank accounts under section 69.
5. Treatment of deposits in bank account as unexplained under section 69.
6. Assessment framed ex parte despite filing return of income and tax audit report.
7. Jurisdictional issues between Income-tax Officers V(2) and IV(1).
8. Validity of penalty under section 271(1)(b) of the Act.

Analysis:
1. The appellant challenged the notice issued under section 148, arguing that the Assessing Officer lacked jurisdiction over the case. The appellant contended that the notice was invalid as it was issued by an incompetent officer. The Income-tax Officer-IV(1) issued the notice, but jurisdiction over the assessee lay with Income-tax Officer, Range V, Lucknow. The appellant raised objections, and the file was eventually transferred to the correct officer. The Tribunal held that the notice was invalid as it was issued by an officer without jurisdiction, leading to the quashing of the assessment and deletion of the additions made.

2. The Tribunal found that the notice under section 148 was invalid due to jurisdictional issues, rendering the reassessment framed based on the notice also invalid. The Tribunal emphasized that jurisdiction for reassessment under section 147 can only be assumed through a valid notice under section 148. As the notice was deemed invalid, the assessment and the subsequent additions were quashed.

3. The appellant argued that compliance was made with notices issued under section 142(1), questioning the need for the assessment to be framed ex parte. However, this issue became secondary as the Tribunal primarily focused on the jurisdictional concerns surrounding the notice under section 148.

4. The Tribunal addressed the addition of unexplained credits in the bank accounts under section 69. The appellant contended that the entire deposits were part of the business and duly reflected in the books of account, thus challenging the addition as unexplained. However, due to the jurisdictional issue leading to the quashing of the assessment, the Tribunal did not delve deeply into this specific addition.

5. Similarly, the treatment of deposits in the bank account as unexplained under section 69 was not extensively discussed by the Tribunal, as the primary reason for allowing the appeal was the invalidity of the notice under section 148.

6. The Tribunal briefly mentioned the assessment being framed ex parte despite the appellant filing the return of income and tax audit report. This issue was overshadowed by the jurisdictional dispute regarding the notice under section 148, which led to the quashing of the assessment.

7. The jurisdictional conflict between Income-tax Officers V(2) and IV(1) was a crucial aspect of the case. The Tribunal clarified that the notice under section 148 was issued by an officer lacking jurisdiction, emphasizing the importance of the correct officer assuming jurisdiction for reassessment under section 147.

8. In the appeal against the penalty levied under section 271(1)(b) of the Act, the Tribunal set aside the penalty as the assessment itself had been quashed due to the invalid notice under section 148. The penalty was deemed unsustainable in the absence of a valid assessment, leading to its deletion.

This comprehensive analysis highlights the jurisdictional intricacies and the subsequent invalidity of the assessment and penalty in light of the flawed notice under section 148 issued by an officer without jurisdiction.

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