2025 (4) TMI 208 - AT - Income Tax

Reopening of assessment u/s 147 - AO received information form DIT investigation Kolkata that assessee is a beneficiary of accommodation entries of bogus long term capital gain - HELD THAT - Reasons are not complete as the details of transactions such as date of transactions the person from whom the money has been received and where the transactions have been transacted and how the assessee is beneficiary of bogus Long Term Capital Gain. Reasons recorded were not sufficient as the AO has not recorded his satisfaction and it is in fact a case of borrowed satisfaction. So far as the approval of the ld. PCIT is concerned which is said to be mechanical and without application of mind and sans recording his satisfaction we note that the ld. PCIT has granted approval by mentioning yes it is fit case then put his signature. In our opinion the said approval is not valid approval as PCIT has not recorded his satisfaction on the basis of facts and proposal place before him by the lower authorities. We are of the view that the reopening of assessment has been invalidly made on two grounds (1) reasons recorded were vague and scanty and (2) the approval has been granted mechanically and is invalid. Consequently we quash the re-opening of assessment as well as assessment framed by the AO. Assessee appeal allowed.

2007 (5) TMI 184 - HC

ISSUES PRESENTED and CONSIDERED

The core legal issues considered in this judgment include:

Whether the reopening of assessment under Section 147 read with Section 148 of the Income Tax Act was validly initiated.
Whether the reasons recorded by the Assessing Officer (AO) for reopening the assessment were adequate and specific.
Whether the approval granted by the Principal Commissioner of Income Tax (PCIT) for the reopening was valid and reflected an independent application of mind.

ISSUE-WISE DETAILED ANALYSIS

Reopening of Assessment under Section 147/148

Relevant Legal Framework and Precedents: The reopening of an assessment is governed by Sections 147 and 148 of the Income Tax Act. Section 147 allows the AO to reassess income if there is reason to believe that income has escaped assessment. The reopening must be based on specific and tangible information. Section 151 mandates that such reopening be approved by a higher authority, typically the PCIT.
Court's Interpretation and Reasoning: The Tribunal examined whether the reasons recorded by the AO were specific and adequate. It found that the reasons were vague, lacking specific details of transactions, dates, parties involved, and the manner in which the assessee was alleged to have benefited from bogus Long Term Capital Gains (LTCG). The Tribunal emphasized that the reasons must be clear and unambiguous to justify reopening.
Key Evidence and Findings: The AO's reasons were primarily based on information from the DIT (Investigation), which alleged that the assessee was a beneficiary of accommodation entries. However, the AO did not independently verify this information or provide specific details in the recorded reasons.
Application of Law to Facts: The Tribunal applied the principles from precedents like CIT Vs. Insecticides (India) Ltd. and Commissioner of Income-tax vs. Atul Jain, which require that the reasons for reopening must be specific and not merely a mechanical reproduction of information received from another department.
Treatment of Competing Arguments: The assessee argued that the reasons were vague and constituted borrowed satisfaction. The Revenue contended that the reopening was based on credible information and duly approved by the PCIT. The Tribunal favored the assessee's argument, citing the lack of specificity in the AO's reasons.
Conclusions: The Tribunal concluded that the reopening of the assessment was invalid due to the inadequacy of the reasons recorded by the AO.

Validity of Approval by the PCIT

Relevant Legal Framework and Precedents: Section 151 requires that the PCIT's approval for reopening must involve an independent application of mind. The approval should not be mechanical or merely a formality.
Court's Interpretation and Reasoning: The Tribunal scrutinized the PCIT's approval, which merely stated "yes, it is a fit case" without any detailed reasoning. The Tribunal referenced decisions like Capital Broadways (P.) Ltd. vs. Income-tax Officer, which held that such mechanical approvals do not satisfy the statutory requirements.
Key Evidence and Findings: The approval by the PCIT lacked detailed reasoning or any indication of an independent assessment of the facts.
Application of Law to Facts: The Tribunal applied legal standards requiring that the PCIT's approval reflect a thoughtful consideration of the AO's reasons. The absence of such consideration rendered the approval invalid.
Treatment of Competing Arguments: The Revenue argued that the PCIT's approval was sufficient as per departmental hierarchy and procedures. The Tribunal, however, found this argument unconvincing due to the lack of detailed reasoning in the approval.
Conclusions: The Tribunal concluded that the approval by the PCIT was invalid due to its mechanical nature and lack of independent reasoning.

SIGNIFICANT HOLDINGS

Core Principles Established: The Tribunal reinforced the principle that reopening of assessments must be based on specific and detailed reasons. Borrowed satisfaction without independent verification by the AO is inadequate. Furthermore, the approval by higher authorities like the PCIT must reflect an independent application of mind and cannot be merely mechanical.
Final Determinations on Each Issue: The Tribunal determined that both the reopening of the assessment and the PCIT's approval were invalid. Consequently, the assessment proceedings based on such reopening were quashed.

The appeal by the assessee was allowed, and the order pronounced in the open court on 01.04.2025, quashing the reopening of the assessment and the subsequent proceedings.

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