2020 (6) TMI 436 - SCH - Income Tax

Reopening of assessment u/s 147 - validity of reasons to believe - HC set aside the notice for reopening - HELD THAT - Reasons in support of the impugned notice is the very issue in respect of which the Assessing Officer has raised the query dated 25 September 2017 during the assessment proceedings and the Petitioner had responded to the same by its letters dated 10 December 2017 and 21 December 2017 justifying its stand. The non-rejection of the explanation in the Assessment Order would amount to the Assessing Officer accepting the view of the assessee, thus taking a view/forming an opinion. Therefore, in these circumstances, the reasons in support of the impugned notice proceed on a mere change of opinion and therefore would be completely without jurisdiction in the present facts. No reason to interfere in the matter. This special leave petition is, accordingly, dismissed.

Summary

Issues:
1. Re-opening of assessment under Section 148 of the Income-Tax Act based on a change of opinion.
2. Challenge to the issuance of notice for re-opening assessment.
3. Jurisdiction of the Assessing Officer in re-opening assessment proceedings.

Analysis:
1. The Supreme Court addressed the issue of re-opening assessment under Section 148 of the Income-Tax Act, focusing on whether the notice issued for re-opening was based on a mere change of opinion. The High Court observed that the reasons for the notice were the same as the queries raised by the Assessing Officer during the original assessment proceedings. The Court emphasized that the non-rejection of the explanation in the Assessment Order indicated the Assessing Officer's acceptance of the assessee's view, leading to the formation of an opinion. Consequently, the Court held that the reasons for the re-opening notice were solely a change of opinion, rendering it without jurisdiction in the present circumstances.

2. The challenge to the issuance of the notice for re-opening the assessment was upheld by the High Court, leading to the quashing and setting aside of the impugned notice dated 27 March 2019. The High Court's decision was based on the finding that the reasons for the notice represented a mere change of opinion on the part of the Assessing Officer, which lacked legal validity in the context of the assessment proceedings.

3. Considering the High Court's ruling and the circumstances of the case, the Supreme Court found no grounds to interfere in the matter. Consequently, the special leave petition was dismissed, affirming the High Court's decision to quash and set aside the notice for re-opening the assessment. Any pending applications were also disposed of in light of the dismissal of the special leave petition, bringing closure to the legal proceedings concerning the re-opening of the assessment under Section 148 of the Income-Tax Act.