2025 (3) TMI 301 - AT - Income Tax

AO failed to record valid reasons for reassessment under section 147, proceedings quashed for non-compliance

Shah Rukh Khan Versus DCIT, Central Circle – 4 (2), Mumbai

ITAT Mumbai ruled in favor of the assessee, quashing reassessment proceedings initiated under section 147. The tribunal held that the AO failed to record ... Reopening of assessment u/s 147 - reasons to believe - notice after the expiry of 4 years - denying the claim made u/s 90 - HELD THAT:- There is no dispute that a return of income was filed by the assessee u/s 139(1) - from the perusal of the reasons recorded for reopening the assessment, as noted above, we find that there is not even an allegation by the AO that income chargeable to tax has escaped assessment due to failure on the part of the assessee to disclose fully and truly all material facts. From the perusal of the order disposing the assessee’s objections against the reopening of assessment, we find that it was for the first time there was any whisper of the allegation that there was gross failure on the part of the assessee to disclose all the material facts fully and truly. Therefore, it is ostensible that the reasons recorded while initiating the re-assessment proceedings were completely silent as regards the allegation that income chargeable to tax has escaped assessment due to failure on the part of the assessee to disclose fully and truly all material facts, and vide order disposing the assessee’s objections, the AO tried to improve upon the reasons by making the allegation, which is completely impermissible. From the perusal of the reasons recorded there is not even a mention of any new or tangible material which formed the basis to believe that income chargeable to tax has escaped assessment during the year under consideration. We find that the entire edifice of the impugned re-assessment proceedings is based on the perusal of case records which were already considered during the scrutiny assessment proceedings concluded u/s 143(3) of the Act. This aspect is further evident from order passed u/s 143(3) r/w section 147, wherein the AO completely denied the claim made under section 90, after noting that partial relief was granted to the assessee vide order dated 16/03/2015 passed u/s 143(3) of the Act. Thus re-assessment proceedings initiated by the AO, in the present case, are bad in law on more than one count and are not in conformity with the provisions of section 147 - Decided in favour of assessee. 1. ISSUES PRESENTED and CONSIDEREDThe primary issues considered in this judgment are:The validity of the reopening of the assessment under section 147 of the Income Tax Act, 1961, particularly in light of the proviso requiring a failure to disclose fully and truly all material facts necessary for the assessment.The correctness of the denial of the claim made under section 90 of the Act concerning double taxation relief.The legitimacy of the reassessment proceedings initiated after the expiry of four years from the end of the relevant assessment year.2. ISSUE-WISE DETAILED ANALYSISValidity of Reopening under Section 147Relevant Legal Framework and Precedents:Section 147 of the Income Tax Act allows for the reopening of an assessment if the Assessing Officer (AO) has reason to believe that income chargeable to tax has escaped assessment. The proviso to this section stipulates that if an assessment has been made under section 143(3), no action can be taken after four years unless the income has escaped assessment due to the failure of the assessee to disclose fully and truly all material facts.The Court referenced several precedents, including the Supreme Court's decision in Asstt. CIT v. Rajesh Jhaveri Stock Brokers (P.) Ltd. and Phool Chand Bajrang Lal v/s ITO, which emphasize the necessity of tangible material for reopening and the requirement that the reasons for reopening must be based on new information not previously considered.Court's Interpretation and Reasoning:The Court found that the reasons recorded for reopening the assessment did not allege any failure on the part of the assessee to disclose fully and truly all material facts. The Court emphasized that reasons must be read as recorded by the AO, without any additions or substitutions, and must clearly state the failure to disclose material facts to justify reopening after four years.Key Evidence and Findings:The Court noted that the reasons for reopening were based on a re-examination of the same records that were available during the original assessment under section 143(3). No new or tangible material was presented to justify the reopening of the assessment.Application of Law to Facts:The Court applied the proviso to section 147, determining that the conditions for reopening after four years were not met because there was no allegation or evidence of the assessee's failure to disclose material facts. The reopening was deemed to be based on a change of opinion rather than new information.Treatment of Competing Arguments:The Court rejected the Revenue's argument that the AO had a prima facie belief of income escaping assessment due to excessive relief claimed by the assessee. The Court found that the reasons for reopening did not support this claim, as they lacked any mention of the assessee's failure to disclose material facts.Conclusions:The Court concluded that the reopening of the assessment was invalid due to the absence of any new or tangible material and the lack of any allegation of failure to disclose material facts by the assessee. Consequently, the reassessment proceedings were quashed.3. SIGNIFICANT HOLDINGSPreserve Verbatim Quotes of Crucial Legal Reasoning:The Court cited the Hon'ble Jurisdictional High Court in Hindustan Lever Ltd v/s R.B. Wadkar: 'The reasons recorded by the Assessing Officer nowhere state that there was failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment of that assessment year. It is needless to mention that the reasons are required to be read as they were recorded by the Assessing Officer. No substitution or deletion is permissible.'Core Principles Established:The judgment reinforces the principle that reopening an assessment after four years requires a clear allegation of failure to disclose material facts, and reasons for reopening must be based on new, tangible material not previously considered.Final Determinations on Each Issue:The Court quashed the reassessment proceedings and the assessment order passed under section 143(3) r/w section 147 of the Act due to the invalidity of the reopening. The other grounds raised by the assessee were rendered academic and left open.The appeal by the assessee was allowed, and the order was pronounced in open Court on 04/03/2025.