2025 (6) TMI 1321 - AT - Income Tax

Reassessment under Section 147 invalid when additions made on different grounds than original notice

Rajya Rakhiv Police Karmachari Sahakari Patsanstha Maryadit Versus Income Tax Officer, Ward-14 (2), Pune

The ITAT PUNE held that reassessment proceedings u/s 147 were invalid where the AO made additions on grounds different from those stated in the original ... Validity of order u/s.147 - what if reason for which reassessment proceedings were initiated no additions were made and the addition has been made for the other issue? - disallowance of deduction u/s. 80P HELD THAT:- Judgment of in the case of Jet Airways (I) Ltd. [2010 (4) TMI 431 - BOMBAY HIGH COURT] comes to the rescue of the assessee wherein it was held that “if after issuing a notice under section 148, he (AO) accepted the contention of the assessee and holds that the income which he has initially formed a reason to believe had escaped assessment, has as a matter of fact not escaped assessment, it is not open to him independently to assess some other income. If he intends to do so, a fresh notice under section 148 would be necessary, the legality of which would be tested in the event of a challenge by the assessee”. Considering the judgment of Hon’ble Jurisdictional High Court, we find that in the instant case ld. AO has issued only one show cause notice u/s. 148 along with the reasons to believe of the escapement of income with regard to unexplained cash deposit. During the course of assessment proceedings, ld. AO was satisfied with the source of cash deposit and therefore if he intended to make addition on some other ground he was required to issue a fresh show cause notice u/s. 148. Since this exercise has not been carried out by the ld. AO the assessment order framed is held to be bad in law and deserves to be quashed. Legal issue raised in Ground No.1 stands allowed. Denial of deduction u/s. 80P(2)(a)(i) - assessee has not filed the return of income - Even though the assessee did not file the return of income but the activity of the assessee society has been accepted by the ld. AO and that the eligibility of the assessee for deduction u/s. 80P of the Act has been denied solely for not filing the return of income invoking section 80A(5) of the Act. Section 80AC of the Act is applicable where the assessee files the return but fails to make the claim of deduction/exemption. Section 80AC of the Act which provides that for claiming deduction u/s. 80P of the Act return is to be filed within the statutory time limit has been inserted from 01.04.2018 and is not applicable in the instant case as it pertains to A.Y. 2012-13. See Sanchar Gramin Bigarsheti Sahakari Patsanstha Maryadit [2025 (4) TMI 131 - ITAT PUNE] as held authorities below were not justified in rejecting the assessee’s claim of deduction u/s 80P only on the ground that such a claim was not made in the return but during the course of assessment proceedings. AO erred to invoke section 80A(5) of the Act in the instant case and therefore assessee’s claim of deduction u/s. 80P of the Act deserves to be allowed as ld. AO has not disputed the carrying out of the activity of the cooperative society as per its objects coupled with all the necessary details and the quantum of income earned during the year. Decided in favour of assessee. 1. ISSUES PRESENTED and CONSIDEREDThe core legal questions considered by the Tribunal in this appeal are:Whether the reassessment proceedings initiated under section 147 of the Income-tax Act, 1961 (the Act) can sustain when the reason recorded for reopening the assessment pertained solely to unexplained cash deposits, but no addition was made on that ground, and instead an addition was made on a different issue, namely denial of deduction claimed under section 80P of the Act;Whether the Assessing Officer (AO) was justified in denying the deduction claimed under section 80P of the Act on the ground that the assessee had not filed the return of income, by invoking section 80A(5) of the Act;Whether the provisions of section 80A(5) and section 80AC of the Act, as applicable for the relevant assessment year (AY 2012-13), bar the claim of deduction under section 80P of the Act in the absence of filing of return of income;Whether the assessee, being a registered cooperative society carrying out credit activities, is entitled to deduction under section 80P of the Act despite non-filing of return of income.2. ISSUE-WISE DETAILED ANALYSISIssue 1: Validity of reassessment proceedings initiated under section 147 for unexplained cash deposits but addition made on denial of deduction under section 80PRelevant legal framework and precedents: Section 147 of the Act permits reopening of assessment if the AO has reason to believe that income chargeable to tax has escaped assessment. The procedure requires issuance of notice under section 148 specifying the reasons for reopening. The principle established by the Hon'ble Jurisdictional High Court in CIT Vs. Jet Airways (I) Ltd. is that if the AO issues a notice under section 148 for a specific reason and subsequently accepts the assessee's explanation on that ground (thus concluding no income escaped assessment on that basis), the AO cannot proceed to make an addition on a different ground without issuing a fresh notice under section 148. This principle safeguards the assessee from arbitrary reassessment on unrelated issues without proper notice.Court's interpretation and reasoning: The Tribunal observed that the only reason recorded for reopening was unexplained cash deposits amounting to Rs. 35,00,821/-. During reassessment, the AO accepted the source of the cash deposits as legitimate and made no addition on this ground. However, the AO disallowed the deduction claimed under section 80P by invoking section 80A(5) of the Act. The Tribunal held that since the AO accepted the assessee's explanation for the reason stated in the notice, he could not independently make an addition on a different issue without issuing a fresh notice under section 148. The AO's failure to issue a fresh notice rendered the reassessment order bad in law.Key evidence and findings: The AO did not dispute the source of cash deposits and accepted the details and books of account produced by the assessee. The addition was made solely on denial of deduction under section 80P.Application of law to facts: Applying the principle from Jet Airways (I) Ltd., the Tribunal found the reassessment order invalid as the AO did not comply with procedural requirements for making additions on grounds other than those stated in the reopening notice.Treatment of competing arguments: The Revenue argued in favor of sustaining the order, but the Tribunal relied on the binding precedent and procedural safeguards to protect the assessee's rights.Conclusion: The reassessment order dated 30.12.2019 framed under section 144 r.w.s. 147 was quashed as bad in law for non-compliance with notice requirements.Issue 2: Denial of deduction under section 80P for non-filing of return invoking section 80A(5) of the ActRelevant legal framework and precedents: Section 80P of the Act provides deduction to cooperative societies engaged in specified activities. Section 80A(5) bars allowance of deductions under Chapter VI-A if the claim is not made in the return of income filed by the assessee. Section 80AC (effective from 01.04.2018) mandates filing of return within the due date for claiming certain deductions but does not explicitly include section 80P. For AY 2012-13, section 80AC was not applicable as it was introduced later.Judicial precedents relied upon include decisions of Coordinate Benches of the Tribunal in Sanchar Gramin Bigarsheti Sahakari Patsanstha Maryadit and Prathamika Krishi Pattina Sahakara Sangha Ltd., which held that section 80A(5) applies only when a return is filed but the deduction is not claimed therein, and not when no return is filed at all. Further, section 80AC's provisions for denial of deduction for non-filing of return do not cover section 80P.Court's interpretation and reasoning: The Tribunal agreed with the assessee's contention that since no return of income was filed for AY 2012-13, section 80A(5) could not be invoked to deny deduction under section 80P. The Tribunal noted that the AO denied deduction solely on this ground without examining other eligibility conditions under section 80P. The Tribunal held that the AO's reliance on section 80A(5) was misplaced and that the deduction claim deserved consideration on merits.Key evidence and findings: The assessee was a registered cooperative society under the Maharashtra Cooperative Societies Act, 1960, carrying out credit activities and maintaining books of account and financial statements. The AO did not dispute the genuineness of the activities or the income earned.Application of law to facts: Applying the legal principles and precedents, the Tribunal found that denial of deduction for non-filing of return was not justified. The Tribunal remanded the matter to the AO for fresh examination of eligibility and quantum of deduction under section 80P.Treatment of competing arguments: The Revenue relied on the AO and CIT(A) orders denying the deduction invoking section 80A(5). The Tribunal distinguished these on the basis of the absence of any return filing and the inapplicability of section 80AC for the relevant AY.Conclusion: The Tribunal allowed the ground raised by the assessee and directed the AO to examine the deduction claim under section 80P afresh on merits.3. SIGNIFICANT HOLDINGSOn the validity of reassessment proceedings, the Tribunal held:'If after issuing a notice under section 148, he (AO) accepted the contention of the assessee and holds that the income which he has initially formed a reason to believe had escaped assessment, has as a matter of fact not escaped assessment, it is not open to him independently to assess some other income. If he intends to do so, a fresh notice under section 148 would be necessary, the legality of which would be tested in the event of a challenge by the assessee.'On the denial of deduction under section 80P for non-filing of return, the Tribunal held:'Section 80A(5) of the Act is applicable only when a return of income is filed by an assessee and a deduction under Chapter VI 'A' of the Act is not claimed in such return of income. It will not apply to a case where no return of income is filed. The provisions of section 80AC of the Act contemplate denial of deduction in respect of certain provisions of Chapter VI 'A' of the Act if a return of income is not filed by an assessee. Those provisions, as rightly contended by the learned Counsel for the assessee, do not apply to the claim for deduction under section 80P of the Act.'The Tribunal established the core principles that reassessment must be confined to the grounds stated in the reopening notice unless a fresh notice is issued, and that denial of deduction under section 80P cannot be mechanically applied for non-filing of return where the statutory provisions do not mandate such denial for the relevant assessment year.Final determinations:The reassessment order framed under section 144 r.w.s. 147 was quashed for non-compliance with procedural requirements.The denial of deduction under section 80P on the ground of non-filing of return invoking section 80A(5) was held to be incorrect.The matter was remanded to the AO for fresh examination of the deduction claim under section 80P on merits.The appeal was allowed accordingly.