2014 (2) TMI 183 - HC - Income Tax

Court sets aside notice under section 143(2) for delay, emphasizes compliance with tribunal directions

The court set aside the notice issued under section 143(2) due to a delay in passing a fresh assessment order as directed by the Income-tax Appellate ... Notice issued u/s 143(2) of the Act - Search u/s 132(1) of the Act – Belated return filed on protective basis – Held that:- The Income-tax Appellate Tribunal has passed the order on June 27, 2002, where a direction was issued to pass the fresh assessment order, but till date, no order has been passed by the Assessing Officer - after a lapse of considerable time, no assessment order can be passed as the proceedings are time barred – as per section 153B proviso 2(a), the limitation for the reassessment is one year, which has already been expired as back as in the year 2003 - now there is no occasion for initiation of the proceedings of reassessment/scrutiny pertinent to the assessee for the assessment year 1985-86 – notice set aside and the order to issue refund passed – Decided in favour of Assessee. Issues:1. Delay in passing fresh assessment order as per Tribunal's direction.2. Notice issued under section 143(2) after considerable delay.3. Time-barred reassessment proceedings for the assessment year 1985-86.4. Applicability of section 153B proviso 2(a) regarding limitation for reassessment.Analysis:1. The case involved a delay in passing a fresh assessment order as directed by the Income-tax Appellate Tribunal, Delhi. Despite the tribunal's order dated June 27, 2002, directing the Assessing Officer to pass a fresh assessment order after providing a reasonable opportunity to the assessee, no such order was passed. The petitioner contended that the Assessing Officer failed to comply with the tribunal's direction, leading to a lapse of considerable time without any assessment order being issued.2. Subsequently, on August 3, 2011, the Assistant Commissioner of Income-tax, Lucknow, issued a notice under section 143(2) to the assessee, which was challenged through a writ petition. The court noted that the delay in issuing the notice and the failure to pass the fresh assessment order rendered any assessment proceedings time-barred, as the limitation for reassessment under section 153B proviso 2(a) had already expired in 2003 for the assessment year 1985-86.3. Considering the above circumstances and the legal provisions, the court set aside the notice dated August 3, 2011, and directed the opposite parties to give effect to the tribunal's order dated June 27, 2002. Notably, no appeal had been filed by the Department against the tribunal's order. The court further instructed that any refund due to the assessee should be issued promptly in accordance with the law, within three months of receiving the certified copy of the order.4. Ultimately, the court allowed the writ petition, emphasizing the importance of complying with tribunal directions and ensuring timely assessment procedures in accordance with the relevant provisions of the Income-tax Act. The judgment highlighted the necessity of adhering to legal timelines and providing adequate opportunities to the assessee in assessment proceedings to uphold the principles of natural justice and fairness in taxation matters.