2025 (2) TMI 513 - HC - Income Tax

AO cannot reassess under Section 148 based on ITAT's procedural deletion without showing actual income escapement

Ammann India Private Limited Versus Assistant Commissioner Of Income Tax

Gujarat HC quashed reassessment notice u/s 148 and order u/s 147 regarding depreciation on written down value of goodwill. AO failed to consider ITAT ... Reopening of assessment u/s 147 - depreciation on the Written Down value of the goodwill - HELD THAT:- It is clear that AO has failed to take into consideration the order passed by the ITAT which is placed on record by the petitioner at Annexure “D” which clearly shows that the addition made on account of the recommendation of the Dispute Resolution Panel which was deleted as per the provision of Section 92BA of the Act were not applicable for the year under consideration and only because the Tribunal has not dealt with the merits of the matter, the same cannot be considered as an information, so as to assume the jurisdiction to issue the notice u/s 148 of the Act more particularly when the AO has failed to point out the effect of deletion of the addition made in the year 2014-15 and therefore, there is no question of escapement of income for the AY 2018-19 for claim of the depreciation on the Written Down value of the goodwill for the year under consideration. The impugned order as well as the notice issued u/s 148 of the Act are hereby quashed and set aside. Decided in favour of assessee. The issues presented and considered in the legal judgment are as follows:1. Whether the notice under Section 148 of the Income Tax Act, 1961, and the subsequent order under Section 148A(d) were validly issued by the Respondent-Authority.2. Whether the Assessing Officer's decision to reopen the assessment for the Assessment Year 2018-19 based on alleged escapement of income was justified.3. Whether the Assessing Officer properly considered the petitioner's contentions regarding the depreciation claimed on goodwill and the impact of previous tribunal decisions.Issue-wise detailed analysis:Issue 1:Relevant legal framework and precedents:- The legal framework includes Section 148 and 148A of the Income Tax Act, 1961, which govern the issuance of notices for reopening assessments.- Precedents may include case law on the conditions under which such notices can be issued and the requirement for providing reasons for reopening assessments.Court's interpretation and reasoning:- The Court examined the reasons provided by the Respondent-Authority for issuing the notice under Section 148, which related to alleged escapement of income due to depreciation claimed on goodwill.- The Court considered the petitioner's arguments challenging the validity of the notice and the subsequent order under Section 148A(d).Key evidence and findings:- The key evidence included the notice under Section 148, the petitioner's reply, and the order passed by the Assessing Officer under Section 148A(d).- Findings highlighted discrepancies in the Assessing Officer's reasoning and failure to consider relevant factors, such as previous tribunal decisions.Application of law to facts:- The Court applied the provisions of the Income Tax Act regarding the issuance of notices for reopening assessments and the requirement for proper justification.- The Court assessed whether the Respondent-Authority had met the legal standards for issuing the notice and subsequent order.Treatment of competing arguments:- The Court considered the arguments presented by both the petitioner and the Respondent-Authority regarding the validity of the notice and the reasons for reopening the assessment.- Competing arguments centered on the interpretation of relevant provisions of the Income Tax Act and the impact of previous tribunal decisions on the current assessment.Conclusions:- The Court concluded that the notice under Section 148 and the order under Section 148A(d) were not validly issued by the Respondent-Authority.- The Court quashed and set aside the impugned order dated 26th March 2024, and the notice issued under Section 148 of the Act, thereby disposing of the petition in favor of the petitioner.Significant holdings:- The Court's core principle established was that the Assessing Officer must properly consider all relevant factors and legal precedents before issuing notices for reopening assessments.- The final determination was to quash the impugned order and notice, emphasizing the importance of adherence to legal procedures and justification in tax assessments.Overall, the judgment focused on the procedural and substantive aspects of the Assessing Officer's decision to reopen the assessment, highlighting the necessity for compliance with legal standards and due consideration of relevant factors in such matters.