2022 (6) TMI 1124 - HC - Income Tax

Reopening of assessment u/s 147 - HELD THAT - No scrutiny has taken place in the case of assessee for the relevant year. His case was processed u/s 143(1) - The intimation under Section 143(1) being not an assessment there is no question of Assessing Officer having formed an opinion thus the question of changing the same does not arise in the present case. So far as primary contention of the petitioner w.r.t. the jurisdictional issue is concerned, admittedly as per documents placed on record by the petitioner himself Income Tax Return for the Assessment Year 2019-20 carries the details of the Assessing Officer as Ward 5, Yamuna Nagar. Income Tax Returns for the Assessment Year 2020-21 and that for the year 2021-22 do not carry any details of the Assessing Officer. The petitioner is not in a position to controvert the findings recorded by the Authority on facts. It is not possible to go into the aforesaid factual findings while exercising jurisdiction under Article 226 of the Constitution of India. Ld. Counsel for the petitioner has placed reliance on judgment passed by High Court of Delhi in 'Dushyant Kumar Jain vs. Deputy Commissioner of Income Tax and another' 2016 (5) TMI 113 - DELHI HIGH COURT to further contend that it is the same AO who passed the original assessment order, who is empowered to exercise powers under Section 147/148 to reopen the assessment. The said judgment again will have no bearing on the facts of the present case. The reason is not far to seek. In the present case order under Section 143(3) was never passed. After going through the record of the case, we do not find that the Authorities fell into any jurisdictional error which would warrant interference by the writ Court. As discussed herein above, the petitioner has been given sufficient opportunities of hearing and has been confronted with all the material that forms basis for reopening the case.

Summary

Issues:
1. Jurisdictional challenge regarding notice under Section 148 of the Income Tax Act, 1961.
2. Validity of the re-assessment proceedings for the Assessment Year 2016-17.
3. Compliance with procedural requirements by the petitioner.
4. Adequacy of material for reopening the assessment.
5. Interpretation of jurisdictional issues and related objections.
6. Applicability of relevant legal precedents.

Analysis:

1. Jurisdictional Challenge:
The petitioner challenged the jurisdiction of the Assessing Officer at Yamuna Nagar, citing that the business operations were in Karnal, thus questioning the validity of the notice under Section 148. The Court noted that the official address in the PAN database was Yamuna Nagar, and the onus was on the assessee to update the address. The objection was rejected, emphasizing that the jurisdiction was validly vested with the Assessing Officer at Yamuna Nagar.

2. Validity of Re-assessment Proceedings:
The petitioner contended that there was no sufficient material for reopening the assessment, alleging a change of opinion without proper approval. The Court observed that no scrutiny had taken place for the relevant year and the intimation under Section 143(1) did not constitute an assessment. It concluded that the Assessing Officer had not formed an opinion, and the challenge on jurisdictional grounds was unfounded, leading to the dismissal of the writ petition.

3. Compliance with Procedural Requirements:
The petitioner raised objections and responded to various notices under Sections 143(2) and 142(1) but failed to provide the requested documents. The Court highlighted that the objections were considered and communicated to the petitioner, indicating that the petitioner had been given sufficient opportunities to present his case.

4. Adequacy of Material for Reopening:
The petitioner argued that there was no substantial material for reopening the assessment, suggesting a lack of approval under Section 151. However, the Court found that the authorities had provided the petitioner with all relevant material forming the basis for reopening the case, thereby fulfilling the procedural requirements.

5. Interpretation of Jurisdictional Issues:
The Court analyzed the objections regarding territorial jurisdiction and the Assessing Officer's authority to issue the notice under Section 148. It emphasized the importance of the official address in the PAN database and upheld the jurisdiction of the Assessing Officer at Yamuna Nagar based on the available records.

6. Applicability of Legal Precedents:
The petitioner relied on a judgment from the High Court of Delhi to support the argument that the same Assessing Officer who passed the original assessment order should handle the reassessment. However, the Court clarified that the circumstances of the present case differed, as no order under Section 143(3) had been issued, thus distinguishing it from the cited precedent.

In conclusion, the Court dismissed the writ petition on the grounds of maintainability under Article 226, leaving all legal and factual issues open for consideration by the Appellate Authority. The judgment underscored the importance of procedural compliance and jurisdictional clarity in income tax assessments.