2019 (2) TMI 1330 - HC - Income Tax

Notice issued by Court for respondent to proceed, but final order prohibited without permission. Importance of legal procedures emphasized.

DEVENBHAI MAFATLAL PATEL Versus THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1 (3)

DEVENBHAI MAFATLAL PATEL Versus THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1 (3) - TMI Issues:1. Reopening of assessment by Assessing Officer based on excess deduction claimed under Section 10AA of the Income Tax Act, 1961.2. Validity of jurisdiction under section 147 of the Act due to notice issued beyond the prescribed period without failure to disclose material facts.Analysis:1. The petitioner's advocate highlighted a previous court order related to a partnership firm where the Assessing Officer sought to reopen assessment due to excess deduction claimed under Section 10AA of the Income Tax Act, 1961. The petitioner argued that similar grounds were used to reopen the assessment for the partners, focusing on interest on partners' capital and remuneration paid by the firm. The petitioner contended that the reasons for reopening the assessment were based on conjectures and surmises, as the computation of total income showed nil interest and remuneration, indicating a lack of basis for the Assessing Officer's belief that income had escaped assessment. Moreover, the notice issued beyond the prescribed period without any failure to disclose material facts raised questions about the validity of jurisdiction under section 147 of the Act.2. Considering the submissions made by the petitioner's counsel, the Court issued a notice returnable on a specified date. As an ad-interim relief, the respondent was allowed to proceed further based on the impugned notice; however, the final order was prohibited without the prior permission of the Court. Direct service of the notice was permitted on the same day, emphasizing the need for proper legal procedures and permissions before finalizing any decisions related to the assessment reopening.