2023 (1) TMI 1406 - HC - Income Tax

Reassessment Order Voided for Limitation Violation: Parallel Proceedings Render Second Notice Unsustainable.

Principal Commissioner of Income-Tax (Exemptions) And Another Versus Archdiocesan Board of Education

The HC dismissed the Revenue's appeal, affirming the ITAT's decision that the reassessment order was void ab initio due to parallel assessment ... Reopening of assessment - two parallel assessment proceedings pending - period of limitation - HELD THAT:- No assessment order could be passed after the expiry of one year from the end of the financial year - In the case on hand, the notice has been issued on April 18, 2013. The end of the financial year shall be March 31, 2014 and one year therefrom would expire on March 31, 2015. Thus, the AO had time till March 31, 2015 to complete the proceedings. ITAT relying upon the decision of Marwadi Shares and Finance Ltd. [2018 (5) TMI 1547 - GUJARAT HIGH COURT] has allowed the appeal. The hon'ble Gujarat High Court has held in the said case that when the first notice of reopening of the assessment is not withdrawn, there is no scope in law to issue a fresh notice to reopen. It is not in dispute that no action has been taken pursuant to the notice u/s 148 - According to the Revenue, time would expire to complete the assessment proceedings pursuant to notice on December 31, 2014, which, in our view is incorrect in view of section 153(2) of the Act as it stood prior to amendment. Decided against revenue. Issues:Validity of reassessment order due to parallel assessment proceedings and limitation period for reassessment.Analysis:The appeal was filed by the Revenue challenging the order passed by the Income-tax Appellate Tribunal. The questions of law revolved around the validity of the reassessment order and whether there were parallel assessment proceedings. The first issue was whether the Tribunal was correct in holding the reassessment order void ab initio due to the existence of two parallel assessment proceedings. The second issue was whether the Tribunal erred in setting aside the reassessment order based on the limitation period for reassessment.The facts of the case revealed that the assessee filed the return of income for the assessment year 2008-09, and the assessment was completed under section 143(3) of the Income-tax Act. The Assessing Officer issued two notices under section 148 of the Act, one on April 18, 2013, and the second on March 31, 2015. The second notice led to the disallowance of some exemptions, which was contested by the assessee.The Revenue argued that the second notice was issued within the six-year period from the end of the assessment year and no parallel proceedings were pending. On the other hand, the assessee contended that the second notice was unsustainable as the time limit had expired before the second notice was issued.Upon considering the contentions, the court referred to section 153(2) of the Act relevant to the assessment year 2008-09, which stated that no order of assessment could be made after the expiry of one year from the end of the financial year in which the notice under section 148 was served. The court noted that the Assessing Officer had time until March 31, 2015, to complete the proceedings.The Income-tax Appellate Tribunal relied on a judgment of the Gujarat High Court, which stated that when the first notice of reopening of assessment is not withdrawn, issuing a fresh notice is not permissible. The court agreed with this view and held that the second notice dated March 31, 2015, was unsustainable in law.In conclusion, the court dismissed the appeal filed by the Revenue, answering the questions of law against the Revenue and in favor of the assessee. No costs were awarded in this matter.