2022 (1) TMI 875 - AT - Income Tax

Reopening of assessment u/s 147 - Whether CIT (A) has erred on law and facts by exceeding statutory powers in directing the AO to proceed u/s 147/148 read with section 150 of the Act against the assessee? - HELD THAT - Because a cursory reading of sections 147/148 of the Act makes it clear that power u/ss 147/148 conferred by the Act on AO are to be used by him independently only if he has reason to believe that any income and also other income chargeable to tax has escaped assessment for the year under consideration. AO is not obliged to proceed on the basis of directions issued by his higher authority which would otherwise amounts to borrowed satisfaction. So the directions issued by ld. CIT (A) are beyond his power conferred by section 250 of the Act. Hon ble Delhi High Court in case of Banwari Lal Sons 2002 (3) TMI 15 - DELHI HIGH COURT while deciding the identical issue held that the appellate authority cannot extend the statutory time limit for reassessment by issuing suo motu directions illegally or unrelated to the subject matter of the appeal being decided by the ld. CIT (A) against the impugned order of rectification. In view of all since ld. CIT (A) being a statutory authority has no power to exceed his jurisdiction beyond the subject matter of the appeal being decided by him against the impugned order of rectification the directions issued by him are not sustainable hence set aside. However concerned AO is at liberty to proceed against the assessee if so desires only in accordance with the provisions contained u/s 147/148 of the Act. Resultantly the appeal filed by the assessee is hereby allowed.

Summary

Issues:
1. Jurisdiction of the CIT (A) in directing the AO to proceed under sections 147/148 read with section 150 of the Income Tax Act, 1961.

Analysis:

Jurisdiction of CIT (A) in Issuing Directions:
The case involved an appeal by the assessee, seeking to set aside the order passed by the Commissioner of Income-tax (Appeals) under section 154/143(3) of the Income-tax Act, 1961. The key issue for determination was whether the CIT (A) had exceeded his statutory powers by directing the Assessing Officer (AO) to proceed under sections 147/148 read with section 150 of the Act against the assessee. The directions issued by the CIT (A) were challenged on the grounds that the CIT (A) had no authority to issue such directions. The Tribunal analyzed the statutory provisions of sections 147/148 of the Act, emphasizing that the power conferred on the AO to initiate reassessment proceedings should be based on the AO's independent belief that income has escaped assessment. The Tribunal noted that the CIT (A) lacked the authority to direct the AO to proceed based on borrowed satisfaction, as it would exceed the CIT (A)'s jurisdiction under section 250 of the Act.

Precedent and Legal Interpretation:
In support of the contention that the CIT (A) had exceeded his jurisdiction, the appellant relied on a judgment of the Hon'ble Allahabad High Court and a decision by a coordinate Bench of the Tribunal. The Tribunal also referred to a decision by the Hon'ble Delhi High Court in a similar context, emphasizing that the appellate authority cannot extend the statutory time limit for reassessment through unauthorized directions. The Tribunal held that the directions issued by the CIT (A) were beyond the scope of his authority and were not sustainable. The Tribunal set aside the directions, allowing the appeal filed by the assessee. The order emphasized that the AO could proceed against the assessee, if desired, only in accordance with the provisions contained in sections 147/148 of the Act.

Conclusion:
In conclusion, the Tribunal ruled that the CIT (A) had overstepped his jurisdiction by issuing directions to the AO to initiate reassessment proceedings under sections 147/148 read with section 150 of the Act. The Tribunal highlighted the importance of adherence to statutory powers and set aside the directions issued by the CIT (A). The judgment underscored the principle that statutory authorities must operate within the confines of their designated powers and cannot exceed their jurisdiction, as established by relevant legal provisions and precedents.