2011 (10) TMI 781 - AT - Income Tax

Tribunal Rules Initiation and Assessment u/s 147 of Income Tax Act 1961 Unjustified and Lacking Jurisdiction.

The Tribunal allowed the Assessee's appeal, determining that both the initiation of proceedings and the assessment under Section 147 of the Income Tax ... - Issues involved:The legal issues in this case involve the initiation of proceedings under Section 147 of the Income Tax Act, 1961 and the subsequent assessment made under the same section.Initiation of Proceedings Under Section 147:The Assessee challenged the initiation of proceedings under Section 147 of the Act, contending that it was wrong and illegal. The Assessing Officer had reopened the assessment based on the belief that income had escaped assessment for the relevant year. The Assessee objected to the lack of reasons provided for the reopening and the failure to show on whom notices were served. The CIT(A) upheld the action under Section 147, stating that the reasons were recorded and notices were duly served. The Assessee's appeal was rejected on these grounds. The Tribunal found that the essential requirement for initiating reassessment proceedings is that the Assessing Officer must have a reason to believe that income has escaped assessment. It was emphasized that the reasons recorded must reflect why the Assessing Officer holds such a belief. In this case, the reasons provided did not establish that income had escaped assessment, leading to the conclusion that the initiation of proceedings under Section 147 was unjustified and without jurisdiction.Assessment Under Section 147:The Assessee argued that the assessment made under Section 147 was wrong, unjustified, and without jurisdiction. The Assessee contended that the reasons recorded did not show any basis for forming a belief that income had escaped assessment. The Tribunal reiterated that the Assessing Officer must substantiate his satisfaction before taking any action under Section 147. It was highlighted that the discovery of new and important matter or fresh facts not present during the original assessment could constitute a reason to believe that income had escaped assessment. However, in this case, no new material had come to light between the original assessment and the reassessment. The Tribunal concluded that the reasons provided did not demonstrate that income had escaped assessment, leading to the annulment of the assessment made under Section 147.Conclusion:The Tribunal allowed the Assessee's appeal, finding that the initiation of proceedings under Section 147 and the assessment made thereunder were unjustified and without jurisdiction. The Tribunal emphasized the importance of the Assessing Officer having valid reasons to believe that income had escaped assessment before initiating reassessment proceedings. The order was pronounced in open court on 31.10.2011.