2022 (10) TMI 548 - HC - Income Tax

Reopening of assessment u/s 147 - order u/s 148A(d) - HELD THAT - We have gone through the order under Section 148A(d) of the Act. We find that the impugned order does not deal with the contentions and submissions advanced by the petitioner in its replies dated 9th June, 2022 and 28th June, 2022. Since the impugned order and the notice issued u/s 148 are non-reasoned, the same are set aside and the matter is remanded back to the AO for a fresh consideration u/s 148A(d) - AO shall pass a fresh reasoned order in accordance with law within eight weeks. This Court clarifies that the AO shall be at liberty to conduct any further enquiry or verification before passing the order.

Summary

Issues:
Challenge to show cause notice under Section 148A(b) of the Income Tax Act, 1961 and order under Section 148A(d) for Assessment Year 2013-14.

Analysis:
The petitioner challenged a show cause notice and order issued under the Income Tax Act for the Assessment Year 2013-14. The petitioner argued that the notice and order were invalid as they were issued in the name of a non-existent entity, "Scilla Town Planners Pvt. Ltd." (STPPL), which had merged with the petitioner-company earlier. The petitioner explained that a payment made by STPPL was from an unsecured loan received from another company. It was highlighted that all entities involved belonged to a common group, and previous assessments had examined the loan transaction. The court noted that the impugned order did not address the petitioner's submissions adequately. Consequently, the court set aside the order and remanded the matter back to the Assessing Officer for a fresh consideration under Section 148A(d) of the Act. The Assessing Officer was directed to pass a reasoned order within eight weeks, with the liberty to conduct further inquiries if necessary.

This judgment underscores the importance of proper identification of entities in legal proceedings and the need for reasoned orders by the authorities. It also emphasizes the right of parties to have their contentions addressed adequately during legal proceedings. The court's decision to remand the matter for fresh consideration ensures that the Assessing Officer will review the case thoroughly and pass a reasoned order in accordance with the law. The liberty granted for further inquiry indicates the court's commitment to a fair and thorough examination of the matter before reaching a final decision. Overall, the judgment upholds the principles of due process and fairness in tax assessments, ensuring that parties are given a proper opportunity to present their case and have it considered appropriately by the authorities.