2021 (11) TMI 414 - AT - Income Tax

Validity of reopening of assessment u/s 147 - Non supply of reason to assessee - HELD THAT - The reasons recorded for issuance of notice u/s. 148 of the I.T. Act for assessment years 1994-1995 and 1995-1996 has not been supplied to the assessee inspite of specific request by the assessee. Therefore, going by the dictum laid down in the case of Pr. CIT v. V. Ramaiah 2018 (12) TMI 1516 - KARNATAKA HIGH COURT , we hold that the reopening of assessment is invalid. - Decided in favour of assessee.

Summary

Issues:
Appeal against CIT(A) order on reassessment validity due to non-supply of reasons for reopening assessment.

Analysis:
The appeals were directed against the CIT(A)'s order for assessment years 1994-1995 and 1995-1996. The assessee, a Garment Exporter, claimed deductions under section 80HHC of the I.T. Act, which were denied in the assessments completed under section 144 r.w.s. 147 of the I.T. Act. The CIT(A) dismissed the appeals, stating the reassessment was valid even without supplying reasons for reopening. The assessee then appealed to the Tribunal, arguing the reassessment was invalid due to non-supply of reasons, citing the judgment in Pr. CIT v. V. Ramaiah. The Standing Counsel contended that necessary details were not furnished by the assessee during reassessment. The Tribunal found that despite specific requests, reasons for reopening were not supplied, leading to the reassessment being deemed invalid.

The assessments for the relevant years were reopened by notice u/s. 148 of the I.T. Act, and the assessee requested the reasons recorded for the notice, which were not provided. The Hon'ble jurisdictional High Court in Pr. CIT v. V. Ramaiah held that recording and communicating reasons for reassessment are essential for validity. The Tribunal emphasized that the mere participation of the assessee in reassessment proceedings does not imply awareness of reasons for reopening. As the reasons were not supplied contemporaneously, the reassessment order was quashed based on the Supreme Court's ruling in GKN Driveshaft's case. The Tribunal's decision was supported by the dismissal of the SLP by the Hon'ble Apex Court, confirming the invalidity of the reassessment due to non-supply of reasons.

Given the invalidity of the reassessment, the Tribunal did not delve into the merits of the issue. Consequently, the appeals filed by the assessee were partly allowed, and the reassessment was deemed invalid, as reasons for reopening were not provided, in accordance with the legal precedents established by the Hon'ble jurisdictional High Court and the Hon'ble Apex Court.

Order pronounced on October 26, 2021.