2015 (11) TMI 1290 - AT - Income Tax

Tribunal quashes reassessment orders for failure to provide reasons under Section 148

Shri Sunil Kumar Versus DCIT, Circle-2, Dhanbad

Shri Sunil Kumar Versus DCIT, Circle-2, Dhanbad - TMI Issues Involved:Appeals against Commissioner of Income Tax (Appeals) order confirming Assessing Officer's action in initiating proceedings under section 148 of the Act.Detailed Analysis:Issue 1: Initiation of Proceedings under Section 148 of the Act- The appeals were filed by the assessee against the order of Commissioner of Income Tax (Appeals) confirming the initiation of proceedings under section 148 for the assessment years 2006-07 to 2008-09.- The primary contention was that the Assessing Officer's action in initiating proceedings under section 148 was not justified.- The Commissioner of Income Tax (Appeals) observed that specific information was available to the Assessing Officer regarding investments made by the assessee that were not disclosed in the balance sheets.- The assessee claimed that no reasons for reopening the assessment were communicated, and this fact was acknowledged by the Commissioner of Income Tax (Appeals).- The Authorized Representative of the assessee relied on a decision of the Hon'ble Bombay High Court to argue that the reassessment order should be quashed if reasons for reopening were not furnished to the assessee.- The Departmental Representative supported the lower authorities' orders.- The Tribunal noted that the Commissioner of Income Tax (Appeals) found that reasons for initiating proceedings were not communicated to the assessee.- Citing the decision of the Hon'ble Bombay High Court, the Tribunal concluded that the reassessment orders should be quashed since the reasons for reopening were not provided to the assessee.- Consequently, the Tribunal allowed the appeals of the assessee and quashed the reassessment orders for all the years under consideration.Issue 2: Merits of the Additions- Due to the decision on the appeal ground regarding the initiation of proceedings, other grounds raised by the assessee on the merits of the additions became irrelevant and were dismissed.- The Tribunal pronounced the order in favor of the assessee, allowing all the appeals.In conclusion, the Tribunal found in favor of the assessee, quashing the reassessment orders for the years under appeal due to the failure to communicate reasons for initiating proceedings under section 148 of the Act. The decision highlighted the importance of providing reasons for reopening assessments and aligned with legal precedents to support its ruling.