2018 (6) TMI 1716 - AT - Income Tax

Court dismisses Revenue Dept appeal, upholds assessee's Cross Objection. Emphasizes importance of valid reasons in reassessment.

The Court dismissed the Revenue Department's appeal and allowed the Cross Objection by the assessee. It emphasized the importance of reasons recorded in ... Validity of reopening of assessment u/s 147 - eligibility of reasons to believe - HELD THAT:- In the present case, we find that the first sentence of the so-called reasons recorded by AO speaks that 'there is information in the possession of this office'. The first part is only information and the second paragraph of the so-called reasons is mere reason and third part is directions of the superior authority. From the so-called reasons, it is not at all discernible as to whether the Assessing Officer had applied his mind to the information and independently arrived at a belief that on the basis of the material which he had before him, income had escaped assessment. Assessing Officer failed to make any exercise for reopening of the case independently and with corroborative material. Even the Assessing Officer has not made any exercise to gather any material evidence on record. The initiation of reassessment itself is based upon no evidence and/or un-corroborative material, therefore in any sense cannot survive, because initiation of the proceeding u/s 147 itself is a vague and based upon no substantive reasoning and/or material at all, hence in our considered opinion, the Ld. CIT(A) was absolutely unjustified in upholding the reopening of the assessment u/s 147 of the Act, without appreciating the facts of the case, explanation submitted and evidences places on record judiciously. - Decided in favour of assessee. Issues Involved:1. Admission of additional evidence under Rule 46A of the Income Tax Rules, 1962.2. Deletion of addition based on affidavits without corroborative documentary evidence.3. Reopening of assessment under section 147 of the Income Tax Act, 1961.Issue 1: Admission of Additional Evidence under Rule 46A:The Revenue Department challenged the Ld. CIT(A)'s decision to admit additional evidence under Rule 46A, arguing that the assessee failed to produce documentary evidence before the AO during assessment proceedings. The grounds of appeal questioned the legality of admitting affidavits without corroborative documentary evidence. The CIT(A) deleted an addition of Rs. 37,31,000 based on these affidavits. The Cross Objection raised by the assessee criticized the Ld. CIT(A) for partially allowing the appeal, upholding the reopening of assessment under section 147, and confirming an addition of Rs. 3,59,100. The legal issue of admitting additional evidence under Rule 46A was addressed first, emphasizing the importance of reasons recorded in re-opening assessment proceedings.Issue 2: Deletion of Addition Based on Affidavits:The case involved the assessee's return declaring an income of Rs. 1,73,470, with the AO reopening the assessment due to alleged expenditure on a marriage function. The Ld. CIT(A) partly deleted the addition, leading to appeals and cross-objections. The reasons recorded for reopening highlighted the alleged undisclosed income related to the marriage function. The law under section 147 empowers the AO to assess or reassess income if it has escaped assessment, based on bona fide reasons. However, in this case, the reasons recorded lacked independent belief and were based on vague information without substantive reasoning or material evidence. The initiation of reassessment was deemed unjustified, leading to the deletion of the entire addition made by the Assessing Officer.Issue 3: Reopening of Assessment under Section 147:The judgment scrutinized the reasons recorded for reopening the assessment under section 147. It was observed that the AO's reasons lacked independent belief and were not based on relevant material. The initiation of reassessment was deemed vague and lacking substantive reasoning or corroborative material. The judgment concluded that the assessment order did not survive on legal grounds, leading to the dismissal of the Revenue Department's appeal and the allowance of the Cross Objection filed by the assessee.This detailed analysis of the judgment highlights the legal intricacies surrounding the admission of additional evidence, deletion of additions based on affidavits, and the justification for reopening assessments under section 147 of the Income Tax Act, 1961.