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2017 (9) TMI 181 - AT - Income TaxValidity of reopening of assessment - addition accommodation entries of bogus purchases - Reasons for the belief that the income has escaped assessment - denial of principle of natural justice - List of accommodation entries received from another CIT - non independent use of mind by AO - Held that - Addition made by the AO is untenable in the eye of law having been made without providing opportunity to cross examine the person on the basis of whose statement the allegations have been made against the assessee and without following the principle of natural justice. Assessing Officer was having nothing except the list provided by the CIT, Central-2, New Delhi about the list of accommodation entries. Beyond that he was not having the copies of the statement of any of these persons. He was not having copy of the assessment orders and other details or document which would have enabled the Assessing Officer to apply his mind and form a belief that income has escaped assessment. In fact this information was not with the Assessing Officer till fag end of the reassessment proceedings, a fact admitted by the Assessing Officer himself in the assessment order. Initiation of reassessment proceedings as well as issuance of notice u/s 147/148 of the Act was not valid and the same was void ab initio and thus, liable to be quashed along with assessment order passed in pursuance thereto. Also addition of 20% of the purchases sustained by the ld. CIT(A) need to be deleted. - Decided in favour of assessee.
Issues Involved:
1. Validity of the reassessment proceedings. 2. Validity of the addition of 20% of the purchases as bogus purchases. Detailed Analysis: 1. Validity of the Reassessment Proceedings: The primary issue raised by the assessee was the validity of the reassessment proceedings initiated under Section 147/148 of the Income Tax Act. The assessee argued that the reassessment was invalid as the reasons recorded for issuing the notice were vague and lacked application of mind by the Assessing Officer (AO). Facts and Arguments: - The assessee filed its return of income on 31.10.2006, which was processed under Section 131(1) on 29.01.2007. - The AO reopened the case based on information from the Commissioner of Income Tax, Central-II, indicating that the assessee received accommodation entries from entry providers. - The AO recorded the reasons for reopening on 28.03.2013 and issued a notice under Section 148. - The assessee contended that the reasons recorded were based solely on the information provided by the CIT, Central-II, and lacked independent application of mind by the AO. Tribunal's Findings: - The Tribunal observed that the AO initiated the reassessment proceedings based on a letter from the CIT, Central-II, without having the actual statements or material evidence at the time of recording the reasons. - The Tribunal referred to its earlier decision in the case of Unique Metal Industries Vs. ITO, where similar reasons for reopening were held invalid due to lack of independent application of mind by the AO. - The Tribunal noted that the AO's reasons did not disclose the nature of the transactions or demonstrate any examination of the assessee's return, indicating a mechanical approach. - The Tribunal emphasized that the validity of the reassessment proceedings must be judged based on the material available with the AO at the time of issuing the notice under Section 148. Conclusion: - The Tribunal held that the reassessment proceedings and the issuance of notice under Section 148 were invalid and void ab initio due to the lack of independent application of mind by the AO. - Accordingly, the reassessment proceedings were quashed, and Ground Nos. 2 and 3 of the assessee were allowed. 2. Validity of the Addition of 20% of the Purchases as Bogus Purchases: The second issue was the addition of 20% of the purchases made by the assessee from M/s Vishu Trading Company and M/s Om Agencies, which the AO treated as bogus purchases. Facts and Arguments: - The AO made an addition of ?24,35,150/- under Section 69C, treating the purchases as accommodation entries. - The CIT(A) restricted the disallowance to 20% of the bogus purchases, representing the profits derived from such purchases. - The assessee argued that the firms were engaged in actual business, and the purchases were made in the regular course of business. Tribunal's Findings: - The Tribunal referred to its decision in the case of Unique Metal Industries, where it deleted a similar addition of 20% sustained by the CIT(A). - The Tribunal noted that the purchases were not bogus and that the addition of 20% was too high and not justified. - The Tribunal emphasized that the correct approach would be to reject the books of accounts and estimate the profit rate based on a comparative profit rate in the same trade, rather than applying Section 40A(3). Conclusion: - The Tribunal held that the addition of 20% of the purchases was not sustainable and deleted the addition. - Consequently, the grounds of the assessee on merits were allowed. Final Judgment: - The appeals of the assessees were allowed, and the reassessment proceedings and the addition of 20% of the purchases were quashed. - The decision in the case of M/s. Bright Metal Industries was applied mutatis mutandis to the appeal of M/s. A.P. Metal Company, resulting in both appeals being allowed.
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