2025 (1) TMI 456 - HC - Income Tax

Assessment completed putting reliance on Special Audit Report of the External Auditor appointed for this purpose u/s 142(2A) - HELD THAT - Prima facie, a reliance on the report generated for the earlier Assessment Years cannot be basis to conclude that the similar pattern would have been followed by an assessee during the subsequent Assessment Years to do so and would amounting to assessment by sampling which is frowned upon by this Court. Therefore, to that extent, the Impugned Assessment Order deserves an interference. That apart, it appears that the entire amount of expenses incurred by the petitioner towards the salaries of its staffs has been disallowed. Thus, a reading of the table in the Impugned Assessment Order particularly the table which has been extracted stated that no allowance has been made for the expenses incurred by the petitioner towards administrative and salary expenses of the petitioner. Under these circumstances, the Impugned Assessment Order is liable to be set aside and is accordingly set aside and the case is remitted back to the respondents to pass a fresh order on merits and in accordance with law independently without getting influenced from the Special Audit Report dated 02.06.2017 u/s 142(2A) of the Income Tax Act, 1961 generated for the Assessment Year 2014-2015.

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment are:

Whether the reliance on the Special Audit Report from the Assessment Year 2014-2015 for the Assessment Year 2018-2019 is justified under Section 142(2A) of the Income Tax Act, 1961.
Whether the disallowance of expenses, specifically salary expenses, in the Impugned Assessment Order is arbitrary and lacks evidentiary support.
Whether the petitioner has been given a reasonable opportunity to substantiate its claims for the Assessment Year 2018-2019.
Whether the Impugned Assessment Order should be set aside and the case remitted for a fresh assessment.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Reliance on the Special Audit Report from a Previous Assessment Year

Relevant Legal Framework and Precedents: Section 142(2A) of the Income Tax Act, 1961, allows for a special audit if the Assessing Officer deems it necessary due to the complexity of accounts or other specified reasons.
Court's Interpretation and Reasoning: The court noted that the Special Audit Report is specific to the Assessment Year 2014-2015 and cannot be directly applied to subsequent years without independent evaluation.
Key Evidence and Findings: The reliance on the 2014-2015 audit report for the 2018-2019 assessment was found to be inappropriate as it amounted to an assessment by sampling.
Application of Law to Facts: The court held that using past audit reports as a basis for current assessments without fresh evidence is not permissible.
Treatment of Competing Arguments: The respondents argued for the validity of the assessment order, while the petitioner contended it was arbitrary.
Conclusions: The court concluded that the reliance on the 2014-2015 audit report was unjustified, warranting interference with the Impugned Order.

Issue 2: Disallowance of Expenses

Relevant Legal Framework and Precedents: The onus of proof lies on the assessee to substantiate claims for deductions or exemptions.
Court's Interpretation and Reasoning: The court found that the disallowance of salary expenses was not supported by adequate reasoning or evidence.
Key Evidence and Findings: The assessment failed to account for legitimate administrative and salary expenses, only allowing a 15% accumulation of gross receipts.
Application of Law to Facts: The court emphasized the need for a detailed examination of expenses rather than blanket disallowance.
Treatment of Competing Arguments: The petitioner argued for recognition of expenses, while the respondents maintained the assessment was proper.
Conclusions: The court determined that the disallowance of expenses was arbitrary, necessitating a fresh assessment.

Issue 3: Opportunity to Substantiate Claims

Relevant Legal Framework and Precedents: The principles of natural justice require that the assessee be given a fair opportunity to present evidence.
Court's Interpretation and Reasoning: The court found that the petitioner was not adequately heard regarding the substantiation of expenses.
Key Evidence and Findings: The petitioner was not given sufficient opportunity to explain and provide evidence for the expenses claimed.
Application of Law to Facts: The court underscored the need for a fair hearing and opportunity to present evidence.
Treatment of Competing Arguments: The petitioner sought a chance to present additional evidence, while the respondents focused on procedural adherence.
Conclusions: The court concluded that the petitioner should be allowed to provide further evidence in a de novo assessment.

3. SIGNIFICANT HOLDINGS

Verbatim Quotes of Crucial Legal Reasoning:

"The primary onus of substantiating its claim lies on the Assessee. The same is the ruling in the case of Joint Commissioner of Income-tax Vs. Superior Manpower Services Limited. It is held in these rulings that only when the primary onus of proof is discharged by the Assessee, the burden of proof falls on the Revenue."

Core Principles Established:

Assessment orders must be based on current and relevant evidence specific to the assessment year in question.
Disallowance of expenses requires a detailed examination and cannot be arbitrary.
The assessee must be given a reasonable opportunity to substantiate claims with evidence.

Final Determinations on Each Issue:

The Impugned Assessment Order dated 14.09.2021 was set aside due to reliance on an outdated audit report and arbitrary disallowance of expenses.
The case was remitted for a fresh assessment, allowing the petitioner to present additional evidence.
The respondents were directed to complete the de novo proceedings within six months.

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