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of <h1>Assessment orders under Income Tax Act quashed as 'bad in law' and 'illegal'</h1> <h3>Mr. Bhupendra Jivrajbhai Surani Versus ACIT-CC 3 (1), Mumbai</h3> Mr. Bhupendra Jivrajbhai Surani Versus ACIT-CC 3 (1), Mumbai - TMI Issues Involved:1. Validity of assessment order under section 153C read with section 143(3) of the Income Tax Act.2. Timeliness of the assessment order.3. Legality of the special audit under section 142(2A) of the Income Tax Act.4. Addition of Rs. 32.38 crore in NRE account.5. Addition of Rs. 20 crore as unexplained credit.6. Validity of additions made without incriminating material.7. Alleged violation of principles of natural justice.Summary:1. Validity of Assessment Order:The assessee challenged the assessment orders under section 153C read with section 143(3) of the Income Tax Act, claiming they were 'bad in law, illegal, null and void.' The Tribunal found that the Assessing Officer (AO) initiated proceedings based on a satisfaction note recorded for assessment years 2005-06 to 2010-11. However, the special audit was approved without examining the books of accounts, rendering the initiation of special audit baseless and subjective.2. Timeliness of the Assessment Order:The Tribunal noted that the assessment order was passed beyond the period of limitation specified under section 153B of the Act. The seized documents were handed over to the AO on 17/11/2011, and the assessment should have been completed by 31/03/2013. However, the order was passed on 14/11/2013, making it time-barred.3. Legality of the Special Audit:The Tribunal found that the AO had no occasion to examine the books of accounts before ordering the special audit. The special audit was based on surmises, violating the spirit of section 142(2A) of the Act. The Tribunal cited the Supreme Court's decision in Sahara India, emphasizing that the opinion for special audit must be based on objective criteria.4. Addition of Rs. 32.38 Crore in NRE Account:The Tribunal did not specifically address this issue on merits, as the assessment order itself was quashed on legal grounds.5. Addition of Rs. 20 Crore as Unexplained Credit:Similarly, the Tribunal did not delve into the merits of this addition due to the quashing of the assessment order.6. Validity of Additions Made Without Incriminating Material:The Tribunal found that the additions made by the AO were unsustainable as they were not based on any incriminating material found during the search.7. Alleged Violation of Principles of Natural Justice:The Tribunal did not specifically address this issue, as the primary focus was on the legality of the special audit and the timeliness of the assessment order.Conclusion:The Tribunal quashed the assessment orders for being 'bad in law' and 'illegal,' primarily due to the baseless initiation of the special audit and the orders being time-barred. Consequently, the appeals filed by the assessee were allowed.
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