2024 (7) TMI 1499 - HC - Income Tax

Best judgment assessment u/s 144 - Whether action of the authorities below in holding the assessment made by the AO is in violation of Section 145 of the Income Tax Act - HELD THAT - From the perusal of the aforesaid provision, it is apparent that the petitioner having not further pursued after having been appeared through his counsel, the AO had no other option, but to invoke the provisions of Section 144 above, which provides that if any person fails to make return, AO shall proceed on best judgment assessment basis in the absence of the answered assessee. Keeping in view above, the action taken by the AO does not warrant any interference. Question is accordingly answered in favour of the revenue.

Summary

Issues:
1. Ex-parte framing of assessment without providing opportunity to appellant.
2. Violation of Section 145 of the Income Tax Act.
3. Legality of impugned orders A-1 to A-3.

Analysis:

Ex-parte Framing of Assessment:
The appellant contended that the Assessing Officer (AO) passed an ex-parte assessment order under Section 144 of the Income Tax Act without providing a fair opportunity for the appellant to present their side. The appellant argued that no valid notice under Section 143(2) was served, and the authority wrongfully proceeded ex-parte. However, the AO's records showed that notices were issued and duly served on the appellant, who chose not to appear despite representation by a lawyer seeking adjournments. The court found that the AO's actions were justified as the appellant had been duly notified, and the ex-parte assessment was valid. Therefore, the first substantial question of law was answered in favor of the revenue.

Violation of Section 145 of the Income Tax Act:
The second substantial question of law pertained to whether the assessment made by the AO violated Section 145 of the Income Tax Act. Section 144 of the Act allows for best judgment assessment in cases where the assessee fails to comply with notices or make returns. In this case, as the appellant did not actively participate after being represented by counsel, the AO proceeded with best judgment assessment as per the provisions of Section 144. The court determined that the AO's actions were in accordance with the law, and thus, the second question was also decided in favor of the revenue.

Legality of Impugned Orders:
As the court ruled in favor of the revenue on both substantial questions of law, it was concluded that no interference was warranted in the impugned orders A-1 to A-3. Consequently, the third question was also answered in favor of the revenue. Therefore, the appeal was dismissed based on the findings related to the issues raised in the case.

This detailed analysis of the judgment highlights the arguments presented by the appellant, the legal provisions involved, and the court's reasoning in determining the legality of the ex-parte assessment and the compliance with Section 145 of the Income Tax Act.