2019 (6) TMI 710 - HC - Income Tax

Reopening of assessment u/s 147 - validity of reasons to believe - HELD THAT - Evidently, the reasons would not set out the entire modus operandi as recorded in the appraisal report, but would briefly set out the gist of the facts and material which led the Assessing Officer to form the requisite belief that income chargeable to tax has escaped assessment. However, the reasons as they stand should be sufficient to show that on the reasons recorded the Assessing Officer could have formed the belief that income chargeable to tax has escaped assessment. Once that requirement is fulfilled, the Assessing Officer can certainly clarify and explain the reasons recorded by him in the affidavit-in-reply and place the material relied upon by him for the purpose of forming the belief that income chargeable to tax has escaped assessment. A perusal of the appraisal report, on which reliance has been placed by the AO, reveals that there was sufficient material for the AO to form the belief that income chargeable to tax has escaped assessment. The material also specifically refers to the petitioner, which clearly establishes a link between the relied upon materials and the petitioner. Considering the nature of material available with the Revenue, it is not possible to state that on the reasons recorded, the Assessing Officer could not have formed the belief that income chargeable to tax has escaped assessment. No infirmity can be found in the action of the respondent in issuing the impugned notice under section 148 - Decided in favour of revenue.

Summary

Issues Involved:
1. Validity of the notice for reopening assessment under Section 148 of the Income Tax Act.
2. Adequacy of reasons recorded for reopening the assessment.
3. Independent application of mind by the Assessing Officer.
4. Supplementation of reasons recorded through affidavits.

Detailed Analysis:

1. Validity of the notice for reopening assessment under Section 148 of the Income Tax Act:
The petitioner challenged the notice dated 31.3.2018 issued under Section 148 of the Income Tax Act, proposing to reopen the assessment for the assessment year 2011-12. The petitioner argued that the reasons for reopening were vague, lacked independent application of mind, and constituted borrowed satisfaction. The court examined whether the Assessing Officer had valid grounds to believe that income chargeable to tax had escaped assessment.

2. Adequacy of reasons recorded for reopening the assessment:
The petitioner contended that the reasons recorded did not reveal any income having escaped assessment and were based on suspicious and vague grounds. The court analyzed the reasons recorded by the Assessing Officer, which included evidence from a search conducted at the office premises of SCS and an appraisal report indicating that the petitioner received accommodation entries instead of genuine sale consideration for shares. The court found that the reasons recorded sufficiently indicated that the petitioner’s income had escaped assessment.

3. Independent application of mind by the Assessing Officer:
The petitioner argued that the Assessing Officer failed to independently apply his mind and merely relied on the investigation wing's materials. The court referred to the reasons recorded and the appraisal report, noting that the Assessing Officer had considered the evidence and formed an independent belief that the income had escaped assessment. The court emphasized that the reasons recorded should reflect the basis for forming the belief, and the Assessing Officer could clarify and elaborate on these reasons in subsequent affidavits.

4. Supplementation of reasons recorded through affidavits:
The petitioner argued that the reasons recorded could not be supplemented by affidavits or oral submissions. The court referred to precedents, including decisions from the Bombay High Court and the Delhi High Court, which established that while the reasons recorded must be sufficient, they can be elaborated or clarified in affidavits without introducing new grounds. The court found that the affidavit-in-reply and the appraisal report provided sufficient material to justify the belief that income had escaped assessment.

Conclusion:
The court concluded that the reasons recorded by the Assessing Officer were adequate and reflected proper application of mind. The court found no infirmity in the issuance of the notice under Section 148 of the Act and dismissed the petition, discharging the rule with no order as to costs.