2017 (3) TMI 273 - HC - Income Tax

Court Upholds Tribunal's Decision in Tax Appeals, Reverses Quashed Assessment Order

COMMISSIONER OF INCOME TAXII Versus BIPINCHANDRA CHIMANLAL DOSHI

The High Court dismissed Tax Appeal No. 866 of 2008 and Tax Appeal No. 2397 of 2010, upholding the Tribunal's decisions. However, the Court allowed Tax ... Cancelling the block assessment framed u/s. 158BC r.w.s 158BD - satisfaction note in the case of assessee (other than searched person) was belated and after the assessment was completed - Held that:- As observed by the Hon'ble Supreme Court in the case of Calcutta Knitwears (2014 (4) TMI 33 - SUPREME COURT ) satisfaction note can be after the assessment is completed in the case of searched person. Under the circumstances, the impugned judgment and order passed by the learned Tribunal quashing and setting aside the block assessment on the ground that satisfaction note in the case of assessee (other than searched person) was subsequent to the assessment framed in the case of searched person and therefore belated, cannot be sustained. - Decided against the assessee. Issues Involved:1. Whether the Appellate Tribunal is right in law and on facts in recalling its entire earlier order dated 17.11.2006 on the ground that ground Nos. 1 and 2 were allegedly not disposed ofRs.2. Whether the impugned order of the Appellate Tribunal does not amount to review of the earlier orderRs.3. Whether the Appellate Tribunal is right in law and on facts in reversing the order passed by the CIT(A) and thereby canceling the block assessment framed under Section 158BC r.w.s 158BD of the Income Tax ActRs.4. Whether the Appellate Tribunal is right in law and on facts in canceling the fresh assessment order dated 27.12.2007 passed by the Assessing Officer u/s 158BC r.w.s.158BDRs.Detailed Analysis:Issue 1: Recalling of Earlier OrderThe Tribunal recalled its earlier judgment and order dated 17.11.2006, which quashed the block assessment order and remanded the matter to the AO. The Tribunal did this on the grounds that certain issues raised by the assessee were not addressed. The High Court noted that the appeal had already been restored and decided by the Tribunal on 15.05.2009. Therefore, the appeal challenging the recalling of the earlier order (Tax Appeal No. 866 of 2008) had become infructuous and was dismissed.Issue 2: Review of Earlier OrderThe Tribunal's decision to recall its earlier order was not considered a review but a rectification of an error, as the Tribunal had failed to address all the grounds raised by the assessee in the original appeal. The High Court found no error in the Tribunal's action and dismissed the appeal as infructuous.Issue 3: Cancellation of Block AssessmentThe Tribunal quashed the block assessment under Section 158BC r.w.s 158BD on the grounds that the satisfaction note was recorded after the assessment was completed in the case of the searched person. The High Court referred to the Supreme Court's decision in Calcutta Knitwears, which held that the satisfaction note could be prepared even after the assessment of the searched person. Therefore, the Tribunal's decision to quash the block assessment was incorrect. The High Court set aside the Tribunal's order dated 15.05.2009, allowing the Revenue's appeal (Tax Appeal No. 1002 of 2010).Issue 4: Cancellation of Fresh Assessment OrderThe Tribunal canceled the fresh block assessment order passed by the AO on remand, as the remand order itself had been recalled. The High Court upheld the Tribunal's decision, stating that the subsequent block assessment order was without jurisdiction since the remand order had been recalled. Therefore, the appeal (Tax Appeal No. 2397 of 2010) was dismissed.Conclusion:The High Court dismissed Tax Appeal No. 866 of 2008 and Tax Appeal No. 2397 of 2010, upholding the Tribunal's decisions in those matters. However, the High Court allowed Tax Appeal No. 1002 of 2010, setting aside the Tribunal's order that quashed the block assessment, thereby ruling in favor of the Revenue.