2025 (1) TMI 241 - AT - Income Tax

Validity of reopening of assessment u/s 147 - Whether the appellant was rightly assessed u/s 148/147 despite the existence of Section 153C, which pertains to assessments following search and seizure operations? HELD THAT - As foremost substantive ground seeking to quash section 148/147 proceedings and find no merit therein. This is for the precise reasons that case law PCIT Vs Naveen Gupta 2024 (11) TMI 1071 - DELHI HIGH COURT holds that even if section 153C contains a non-obstate clause, the same does not bar a learned assessing authority to invoke re-opening u/s 148/147 of the Act. This is also coupled with the fact that the assessee has not filed the corresponding search records and panchanama so as to satisfy the rigor of Section 153C. Suffice to say, a perusal of the case file suggests that the learned Assessing Authority herein had recorded the corresponding reasons based on tangible material comprising of the evidence collected in post such enquiries and statements recorded from various persons. We further emphasize here that the department s allegation against the assessee right from the beginning is that he had indulged in various accommodation entries outside India in collusion with the searched person Shri Manish Jain. CIT-DR vehemently submits that the appellant herein has not even filed his bank statement right from scrutiny till date resulting this factual position. She also quotes Section 124(3) of the Act that even the assessee is precluded from challenging the Assessing Officer s jurisdiction as per Abishek Jain 2018 (6) TMI 211 - DELHI HIGH COURT . We find merit in the Revenue s instant arguments that the learned assessing authority not only went by the relevant tangible materials initiating section 148/147 proceedings but also it s jurisdiction could not be questioned at this stage in the foregoing terms. Departmental authorities herein had not served any notice during the course of assessment, and therefore, the same deserves to be quashed - No substance therein as he has neither challenged the AO s action taking recourse to Section 144 proceedings by filing all the relevant notice, nor his passport details form part of records before us. We further wish to clarify there is no clarity in the case file that the US based authority had ever detained him during his alleged overseas trip. Imposition of penalty u/s 271(1)(C) for concealment of income - The assessee has admittedly not filed any reasonable explanation; much less a convincing u/s 271(1)(c) Explanation 1(A) (B) so as to get out of the rigor of concealment and furnishing of inaccurate particulars of income therein. We thus quote MAK Data (P) Limited 2013 (11) TMI 14 - SUPREME COURT to conclude that the learned lower authorities have rightly levied the impugned penalty in his case this lead penalty appeal which also stands upheld.

Summary

1. ISSUES PRESENTED and CONSIDERED

The legal judgment primarily revolves around the following core legal questions:

• Whether the reassessment proceedings initiated under Sections 147/148 of the Income Tax Act were valid and justified.
• Whether the appellant was rightly assessed under Section 148/147 despite the existence of Section 153C, which pertains to assessments following search and seizure operations.
• Whether the notices were properly served to the appellant, and if the lack of notice invalidates the proceedings.
• Whether the assessment order was passed without jurisdiction, considering the appellant's residence and the location of the assessing officer.
• Whether the imposition of penalty under Section 271(1)(C) for concealment of income was justified.
• Whether the appellant was denied the principles of natural justice due to the lack of cross-examination opportunities.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Validity of Reassessment Proceedings under Sections 147/148

• Legal Framework and Precedents: Sections 147/148 of the Income Tax Act allow for reassessment if the Assessing Officer has reason to believe that income has escaped assessment. Precedents such as Pr. CIT vs. Paramount Communication (P) Ltd. and Pushpa Uttamchand Mehta vs. Income-tax Officer support reassessment based on information from other agencies.
• Court's Interpretation and Reasoning: The court upheld the validity of the reassessment proceedings, emphasizing that the Assessing Officer had tangible material and reasons to believe that income had escaped assessment.
• Key Evidence and Findings: The reassessment was based on information from the Directorate of Revenue Intelligence (DRI) and other agencies, revealing alleged bogus transactions and entities.
• Application of Law to Facts: The court found that the information received constituted sufficient grounds for reopening the assessment.
• Treatment of Competing Arguments: The appellant's argument that the proceedings should have been under Section 153C was dismissed, as the court found no legal bar to invoking Sections 147/148.
• Conclusions: The reassessment proceedings were deemed valid and legally justified.

Issue 2: Jurisdictional Validity of the Assessment Order

• Legal Framework and Precedents: Section 124(3) of the Income Tax Act precludes challenges to jurisdiction if not raised at the earliest opportunity.
• Court's Interpretation and Reasoning: The court found that the assessment was centralized and the jurisdiction was correctly assumed by the Ghaziabad authority.
• Key Evidence and Findings: The jurisdiction was shifted as per the order of PCIT, Delhi, following due procedure.
• Application of Law to Facts: The court held that the appellant could not challenge jurisdiction at this stage.
• Conclusions: The assessment order was within the proper jurisdiction.

Issue 3: Service of Notices

• Legal Framework and Precedents: The presumption of service under Section 27 of the General Clauses Act and relevant case law such as Priyanka Kumari vs. Shailendra Kumar.
• Court's Interpretation and Reasoning: The court held that notices were deemed served as they were sent to the last known address, and there was no contrary evidence from the appellant.
• Key Evidence and Findings: Notices were sent to the appellant's declared address, and the appellant did not update any change of address.
• Application of Law to Facts: The court applied the presumption of service to conclude that the notices were properly served.
• Conclusions: The service of notices was valid.

Issue 4: Imposition of Penalty under Section 271(1)(C)

• Legal Framework and Precedents: Section 271(1)(C) pertains to penalties for concealment of income. Relevant cases include MAK Data (P.) Ltd. Vs CIT and Union of India Vs. Dharamendra Textile Processors.
• Court's Interpretation and Reasoning: The court upheld the penalty, finding that the appellant failed to provide a reasonable explanation for the discrepancies in income.
• Key Evidence and Findings: The evidence showed transactions through bogus entities, and the appellant could not explain the sources of cash.
• Application of Law to Facts: The court applied the legal principles to affirm the penalty due to the lack of bona fide explanation.
• Conclusions: The penalty was justified and upheld.

Issue 5: Denial of Cross-Examination

• Legal Framework and Precedents: The principles of natural justice and relevant case law such as R. L. Traders vs. Income-tax Officer.
• Court's Interpretation and Reasoning: The court held that cross-examination was not a compulsory requirement in this case due to the overwhelming documentary evidence.
• Key Evidence and Findings: The evidence against the appellant was substantial, and the statements were corroborative rather than primary.
• Application of Law to Facts: The court found no prejudice against the appellant due to the lack of cross-examination.
• Conclusions: The denial of cross-examination did not violate natural justice.

3. SIGNIFICANT HOLDINGS

• Verbatim Quotes of Crucial Legal Reasoning: "The AO was well within his rights to reopen the assessment proceedings even on the basis of information received from other agencies, though the Assessing Officer has reopened the case on the basis of documents on record as well as the information received from the Investigation Wing."
• Core Principles Established: The court reaffirmed the principles that reassessment can be initiated based on tangible material from other agencies, and the validity of jurisdiction and service of notices is upheld if procedural requirements are met.
• Final Determinations on Each Issue: The reassessment proceedings, jurisdiction, service of notices, and imposition of penalties were all upheld. The appellant's arguments were dismissed, and the appeals were denied.

Overall, the judgment reinforces the procedural and substantive standards for reassessment and penalty proceedings under the Income Tax Act, emphasizing the sufficiency of evidence and procedural compliance in upholding such actions.