2016 (12) TMI 1485 - HC - Income Tax

Validity of reopening of assessment - report of the valuation officer relied upon - applying the amendment under Section 142A retrospectively - Held that - This Court finds adequate reasons to accept the submissions of Sri Biswas that at each of the above noted stages from the ITO to the ITAT, the legal position was uniformly ratified that assessment could not be opened on the basis of a reference and subsequent report of the valuation officer. This Court also concurs with the stand taken by the writ petitioner that the procedure for reopening of assessment on the basis of a valuation report by the valuation officer can be applied only in terms of the amendment to Section 142A of the IT Act which was introduced by the Finance Act of 2004, retrospectively. Therefore, at the relevant point of time when the impugned notices under Section 148 were issued against the writ petitioner in respect of the assessment years 1999-2000 and 2000-2001, only the un-amended Section 142A of the IT Act applied. The unamended Section 142A ought to be read in conjunction with the law applicable at the relevant point of time In Re Amiya Bala Paul (2003 (7) TMI 4 - SUPREME Court ). This Court must also concur with the stand taken by the writ petitioner that since the assessment year 1999-2000 and 2000-2001 became final prior to 30th September, 2004, i.e. the introduction of the amended Section 142A, the respondent No.1/ITO could not have reopened the issue in February, 2005 by then applying the amendment under Section 142A retrospectively. - Decided in favour of assessee

Summary

Issues involved:
Challenge to two notices issued under Section 148 of the Income Tax Act, 1961 for reopening assessments for the years 1999-2000 and 2000-2001; Jurisdictional validity of the impugned notices; Compliance with legal principles and settled law; Applicability of Section 142A of the IT Act; Principles of natural justice; Maintainability of the writ petition; Interpretation of relevant legal precedents.

Analysis:
The petitioner sought a writ to quash two notices issued by the Income Tax Officer (ITO) under Section 148 of the IT Act for reopening assessments. The petitioner argued that the notices were contrary to the law established by the Supreme Court in the case of Amiya Bala Paul vs. Commissioner of Income Tax. The petitioner contended that the ITO's reliance on a valuation officer was improper as per the law at the time, which did not include Section 142A. The petitioner highlighted that previous legal challenges upheld the principles of Amiya Bala Paul, emphasizing that the ITO's actions were not in line with the law.

The respondents argued that the writ petition was not maintainable as the impugned notices were appealable before the CIT (Appeals) and the ITAT. They contended that the principles of natural justice were followed, and the petitioner had the opportunity to present objections. The respondents asserted that the lack of a scrutiny assessment under Section 143(3) did not bar the reopening of assessments under Section 147, citing legal precedents to support their position.

The Court found in favor of the petitioner, holding that the ITO's actions were not in line with the legal principles established by the Amiya Bala Paul case. The Court agreed with the petitioner that the assessment could not be reopened based on a valuation officer's report without the specific provisions of Section 142A, which was introduced retrospectively. The Court concluded that the ITO could not reopen assessments for the years 1999-2000 and 2000-2001 using the amended Section 142A, as those assessments had become final before the amendment. The Court allowed the writ petition, setting aside the impugned notices.

In summary, the judgment addressed the jurisdictional validity of the notices, compliance with legal principles, applicability of relevant legal provisions, and the maintainability of the writ petition. The Court upheld the petitioner's arguments, finding that the ITO's actions were not in accordance with established law, leading to the success of the writ petition and setting aside of the impugned notices.