2017 (11) TMI 1023 - HC - Income Tax

Reopening of assessment - excessive brought forward losses for the assessment year in question - no order has been passed by the assessing authority to rectify return proceedings under Section 143(1)/154 of the Act while accepting the claim of the assessee by brought forward losses - Held that - In the instant case, the return of the assess claiming unabsorbed losses of earlier years was allowed by the assessing officer, however subsequently the assessing authority has initiated the re-assessment proceedings under Section 147 as no order has been passed by the assessing authority to rectify return proceedings under Section 143(1)/154 of the Act while accepting the claim of the assessee by brought forward losses of earlier years. The ITAT has noticed that the reasons stated by the assessing officer in the notice issued under Section 154/254 and in the notice issued under Section 148 of the Act are not same. After detailed discussion the Tribunal had reached at the conclusion that the notice issued under Section 148 of the Act is in accordance with law as the assessing officer had reason to believe that the income liable to tax had escaped assessment by allowing the assessee the excessive brought forward losses for the assessment year in question. Even no submission has been made by the authorised representative of the assessee with regard to other grounds that is with regard to non-issuance of notice under Section 143(2) of the Act or non-receiving of the notice by the assessee. The findings of fact therefore, recorded by the Tribunal are clearly need no interpretation by this Court. The Tribunal has dealt with the issue after due consideration of the material and record and has passed a reasoned speaking order, which needs no interference by this Court, hence the appeal filed by the appellant has no force, accordingly the same is dismissed.

Issues Involved:
1. Legality and jurisdiction of reassessment proceedings under Section 147 based on an order under Section 154/254.
2. Validity of reassessment without mandatory notice under Section 143(2).
3. Applicability of ITAT Delhi Bench decision in Anil Gupta's case to the present facts.
4. Consistency of reassessment confirmation when similar reassessments for other years were quashed.
5. Initiation of reassessment proceedings based on a change of opinion.
6. Validity of reassessment order under Section 143(3)/148 due to non-compliance with notices under Section 142(1).

Detailed Analysis:

1. Legality and Jurisdiction of Reassessment Proceedings under Section 147:
The assessee contended that reassessment proceedings initiated under Section 147 during the pendency of proceedings under Section 154 were illegal. The Tribunal found that the reasons stated in the notice under Section 154/254 and the notice under Section 148 were not the same. The Tribunal concluded that the Assessing Officer (AO) had a valid reason to believe that income liable to tax had escaped assessment due to excessive brought forward losses. The High Court upheld this finding, noting that Section 154 has limited application for rectifying mistakes apparent from the record, whereas Section 147 allows for reassessment if the AO believes income has escaped assessment.

2. Validity of Reassessment without Mandatory Notice under Section 143(2):
The Tribunal observed that the assessee did not raise the issue of non-issuance of notice under Section 143(2) during the appellate proceedings. The High Court agreed, stating that since the issue was not raised earlier, it could not be raised at this stage. The Tribunal's decision to uphold the reassessment without addressing this issue was deemed appropriate.

3. Applicability of ITAT Delhi Bench Decision in Anil Gupta's Case:
The Tribunal distinguished the present case from the Anil Gupta case, noting that the reasons for initiating proceedings under Sections 154 and 148 were different. The High Court concurred, emphasizing that the facts of the present case did not align with those in Anil Gupta, thus making the decision inapplicable.

4. Consistency of Reassessment Confirmation:
The assessee argued that the Tribunal's decision was inconsistent as it quashed reassessments for other years while upholding the reassessment for the year in question. The Tribunal found that the reasons for initiating reassessment for the year in question were valid and distinct from those for other years. The High Court upheld this finding, noting that the Tribunal had provided a reasoned order based on the material and record.

5. Initiation of Reassessment Proceedings Based on Change of Opinion:
The Tribunal and the High Court both found that the reassessment proceedings were not initiated merely on a change of opinion. The AO had valid reasons to believe that income had escaped assessment, which justified the issuance of a notice under Section 148.

6. Validity of Reassessment Order under Section 143(3)/148 Due to Non-Compliance with Notices under Section 142(1):
The Tribunal noted that the assessee did not comply with the notices issued under Section 142(1) and only challenged the proceedings on technical grounds. The High Court upheld the Tribunal's finding that the reassessment order was valid despite the non-compliance, as the AO had provided sufficient opportunities for the assessee to respond.

Conclusion:
The High Court dismissed the appeal, upholding the Tribunal's decision to confirm the reassessment proceedings under Section 147/148. The Court found that the AO had valid reasons to initiate reassessment, and the proceedings were conducted in accordance with the law. The issues raised by the assessee were either not substantiated or not raised at the appropriate stage, leading to the dismissal of the appeal.

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