Tribunal Invalidates Assessment Reopening, Revenue Appeal Dismissed

The Tribunal found the reopening of assessment beyond four years without failure to disclose material facts by the assessee invalid. Consequently, the appeal by the revenue challenging the order of Ld.CIT(A) was dismissed, and the cross objection by the assessee was allowed. The Tribunal directed the Assessing Officer to delete the addition of Rs. 2 crore, acknowledging the provided evidences' sufficiency.

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Issues:
1. Challenge to the order of Ld.CIT(A) on merit by the revenue.
2. Challenge to the order of Ld. CIT(A) on legal issue by the assessee.
3. Reopening of assessment u/s 147 r.w.s. 148 of the Act.
4. Validity of reopening assessment beyond four years.
5. Disclosure of material facts by the assessee.
6. Compliance with proviso to Section 147 of the Act.
7. Legal precedents supporting the assessee's case.

Analysis:

1. The appeal by the revenue and cross-objection by the assessee were filed against the order dated 16.09.2020 passed by the Ld.CIT(A) arising from the order passed u/s 143(3) r.w.s. 147 of the Act dated 08.12.2018 by the Assessing Officer relevant to A.Y 2011-12. The revenue challenged the order of Ld.CIT(A) on merit, while the assessee challenged the order on the legal issue, specifically regarding the reopening u/s 147 r.w.s. 148 of the Act.

2. The assessee raised legal and jurisdictional issues in the cross objections, primarily contesting the validity of the reopening of assessment u/s 147 of the Act. The Ld. CIT(A) allowed the appeal of the assessee on merit, directing the AO to delete the addition of Rs. 2 crore, acknowledging that the necessary evidences were provided to prove the identity, creditworthiness of the lenders, and genuineness of the transactions.

3. The case of the assessee was reopened u/s 147 by the AO based on information received regarding accommodation entries. The AO made an addition of Rs. 2,00,00,000 u/s 68 of the Act towards unexplained cash credit. The assessee challenged this before the First Appellate Authority on jurisdictional issue and merit.

4. The Tribunal noted that the assessment was reopened after four years from the end of the assessment year. The proviso to section 147 mandates that reopening beyond four years can only be done if there is a failure on the part of the assessee to disclose material facts leading to escapement of income. The Tribunal found that the reopening in this case, without any failure on the part of the assessee to disclose facts, was not justified and violated the proviso to section 147.

5. The Tribunal observed that the assessee had fully disclosed all material facts during the original assessment proceeding, and the reopening lacked justification as there was no failure on the part of the assessee to disclose facts relating to the loans. Legal precedents were cited to support the decision to quash the reopening of assessment.

6. Considering the facts and legal precedents, the Tribunal held that the reopening of assessment was invalid and quashed it, allowing the cross objection of the assessee. Consequently, the appeal of the revenue became infructuous and was dismissed.

7. In conclusion, the cross objection filed by the assessee was allowed, and the appeal by the revenue was dismissed, with the order pronounced on 07.03.2022.

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