2022 (7) TMI 253 - AT - Income Tax

Reopening of assessment u/s 147 - Addition u/s 68 - Whether Assessee had discharged the primary onus to establish the genuineness of the transaction? - HELD THAT - A.O. has mentioned that assessee has taken accommodation entries in the form of unsecured loans from the entry providing companies being controlled by Shri SK Jain group of companies. Whereas the addition made is on account of an entry in the shape of share capital. All the above prove that there is a complete non-application of mind by the A.O. and the reopening has been made on wrong set of facts and the approval/sanction granted under section 151 is in a very mechanical manner and without application of mind. As in the instant case, the assessment has been reopened on the basis of wrong facts and the approval has been given by the PCIT in a mechanical manner without due application of mind, therefore, such reopening of the assessment, in our opinion, is not in accordance with law and, therefore, has to be quashed. We, therefore, quash the reassessment proceedings. Since we have quashed the reassessment proceedings on account of wrong set of facts and mechanical approval under section 151 by the PCIT, the grounds challenging the validity of the assessment on account of jurisdiction by the A.O. and other plank of arguments challenging the validity of reassessment proceedings and the addition on merit are not being adjudicated being academic in nature. The grounds raised by the assessee are accordingly allowed.

Issues Involved:
1. Validity of reassessment proceedings initiated by an AO without jurisdiction.
2. Whether reassessment proceedings were initiated without independent application of mind.
3. Contradictions and errors in the reasons recorded for reopening the assessment.
4. Validity of reassessment when the addition is not made on the issues for which proceedings were initiated.
5. Merits of the addition made under Section 68 of the IT Act for unexplained cash credits.
6. Addition of commission expenses related to alleged accommodation entries.

Issue-wise Detailed Analysis:

1. Validity of reassessment proceedings initiated by an AO without jurisdiction:
The assessee argued that the reassessment proceedings were invalid as they were initiated and completed by an AO who had no jurisdiction over the assessee. The reassessment proceedings were initiated by ITO, Ward-1(1), New Delhi, whereas the jurisdiction was with ITO, Ward-2(4), as evidenced by previous assessments. The Tribunal found merit in this argument, noting that the reassessment proceedings were initiated and completed by an officer who did not have jurisdiction over the assessee, rendering the proceedings void ab initio.

2. Whether reassessment proceedings were initiated without independent application of mind:
The assessee contended that the AO reopened the assessment merely based on the report of the Investigation Wing without applying his independent mind. The Tribunal observed that there were inherent factual mistakes in the reasons recorded, such as discrepancies in the declared income and the nature of the transactions. The Tribunal concluded that there was a complete non-application of mind by the AO, and the reopening was based on incorrect facts, which invalidated the reassessment proceedings.

3. Contradictions and errors in the reasons recorded for reopening the assessment:
The Tribunal noted several contradictions and errors in the reasons recorded for reopening the assessment. The AO mentioned different amounts and entities in the reasons recorded and the assessment order. The Tribunal emphasized that these discrepancies indicated a lack of due diligence and application of mind by the AO. The approval for reopening was also given mechanically by the PCIT without proper scrutiny, further invalidating the reassessment proceedings.

4. Validity of reassessment when the addition is not made on the issues for which proceedings were initiated:
The assessee argued that the AO made an addition on account of share capital from M/s. Attractive Finlease Private Limited, whereas the reasons for reopening mentioned unsecured loans from M/s. Attractive Axis Private Limited. The Tribunal referred to the decision of the Hon'ble Delhi High Court in the case of Ranbaxy Laboratories vs. CIT, which held that if the reasons for initiation of reassessment proceedings cease to survive, the AO cannot make additions on other issues. The Tribunal found that the reassessment was not justified as the addition was made on different grounds than those mentioned in the reasons for reopening.

5. Merits of the addition made under Section 68 of the IT Act for unexplained cash credits:
The assessee contended that it had discharged its onus under Section 68 by providing requisite details to prove the identity, creditworthiness, and genuineness of the transactions. The Tribunal noted that the assessee had filed all necessary documents, but the AO did not conduct any further inquiry to disprove the assessee's claims. The Tribunal found that the addition under Section 68 was not justified as the AO failed to provide evidence to counter the assessee's submissions.

6. Addition of commission expenses related to alleged accommodation entries:
The AO made an addition of Rs. 98,000/- being 2% of the alleged accommodation entries as commission expenses. The Tribunal upheld the addition, noting that the assessee failed to disprove the AO's findings regarding the commission expenses incurred for obtaining accommodation entries.

Conclusion:
The Tribunal quashed the reassessment proceedings on the grounds of incorrect facts, mechanical approval by the PCIT, and lack of jurisdiction by the AO. The Tribunal did not adjudicate other grounds challenging the validity of the assessment and the addition on merit, as they became academic in nature. The appeal of the assessee was allowed.

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