2025 (7) TMI 680 - HC - Income Tax

Reassessment proceedings invalid when retraction of key statement ignored by authorities under section 143(3)

The HC held that reassessment proceedings for three assessment years were invalid. The assessee had fully disclosed all material facts and transactions, ... Validity of reopening proceedings - 'borrowed satisfaction' or 'independent satisfaction' - reasons to believe - disallowances of expenses related to purchases treated as 'bogus' in nature - HELD THAT:- For all the three assessment years the assessee has fully disclosed all material facts and the transactions of purchase and sales and in respect of two assessment years namely, 2012-13 and 2013-14, scrutiny assessment was done u/s 143(3) of the Act. It is also not in dispute that in such scrutiny assessment the revenue has accepted the purchases and sales for those two years. This would go to show that the revenue did not dispute the business transactions of the assessee. The statement said to have been recorded from the key person of Sancheti appears to have been the sole basis for issuance of the notice for reopening. The said statement has been retracted by the deponent within less than a month and neither the AO nor the CIT(A) has dealt with the fact of retraction. Tribunal has considered this aspect and has pointed out that the said person had filed an affidavit retracting the contents of the statement made on 14.1.2017 and 17.1.2017 stating that he was under tremendous stress and trauma and was not in a proper state of mind and was without sleep and proper food and that the statement was dictated by the Officer-in-Charge of the Sancheti and the statement was not out of his free volition and the same was also out of tiredness and fatigues. A retraction is not always automatically accepted but once a retraction has been made, the concerned authority, who seeks to rely upon the statement, has to deal with the retraction and examine as to whether the retraction was valid and despite the retraction whether the original statement can be relied upon. The order passed by the AO as well as the CIT(A) are absolutely silent on this aspect. Therefore, we have no hesitation to hold that the reassessment proceedings for all the three assessment years are not valid. Decided in favour of assessee. 1. The core legal questions considered by the Court were:a) Whether the reopening of the assessment was validly based on the Assessing Officer's independent reason to believe or was it founded on 'borrowed satisfaction' without proper application of mind.b) Whether the Tribunal was justified in disregarding the order of the Commissioner of Income Tax (Appeals) that upheld the reopening and additions related to alleged bogus purchases from Sancheti Diamonds Pvt. Ltd.c) Whether the Tribunal erred in not following the binding Supreme Court precedent which held that investigation reports and inquiries can justify reopening when there is reason to believe income has escaped assessment due to accommodation entries.d) Whether the Tribunal was justified in quashing the reopening under section 147 without adjudicating the merits of the issue involving bogus purchases.e) Whether the Tribunal erred in not considering the suspicious and bogus nature of transactions based on circumstantial evidence and preponderance of probability as established in prior High Court rulings.2. Issue-wise detailed analysis:Validity of reopening the assessment (Issues a, c, and d):The legal framework governing reopening under section 147 of the Income Tax Act requires the Assessing Officer to have a 'reason to believe' that income chargeable to tax has escaped assessment due to failure by the assessee to disclose fully and truly all material facts. This 'reason to believe' must be based on relevant and material information, not mere suspicion or conjecture. The Supreme Court in Lakhmani Mewal Das emphasized that suspicion alone cannot justify reopening, and the belief must be rational and founded on tangible reasons.The Court scrutinized the Assessing Officer's reasons for reopening, which primarily stemmed from an investigation report alleging suspicious transactions with Sancheti Diamonds Pvt. Ltd., a company with disproportionate turnover and profit margins, and a key person's statement implicating bogus purchases. However, the Tribunal found that the Assessing Officer did not independently apply his mind to the facts and merely acted on suspicion and the investigation report without forming an independent belief. The acceptance by the Assessing Officer of the assessee's sales transactions with Sancheti further undermined the claim of escapement of income solely based on purchases.The Court relied on the precedent in Ganga Saran and Sons P. Ltd. where it was held that the belief must be reasonable and based on relevant reasons, and if no rational nexus exists between the reasons and the belief, the reopening is invalid. The Court held that the reopening was based on 'borrowed satisfaction' and mere change of opinion, which is impermissible.Regarding the Supreme Court precedent cited by the revenue (Priya Blue Industries), the Court distinguished the facts, noting that in the present case the Assessing Officer failed to establish a reasoned belief independent of the investigation report and did not adequately deal with the retraction of the key statement. Thus, the Tribunal's non-adherence to that precedent was justified given the absence of a reasoned belief.On quashing the reopening without adjudicating merits, the Court observed that invalidity of reopening obviates the need to examine merits, as reopening is a jurisdictional condition precedent to reassessment.Consideration of order of CIT(A) and treatment of bogus purchases (Issues b and e):The CIT(A) had upheld the reopening and additions on the basis that purchases from Sancheti were bogus. However, the Tribunal did not accept this view. The Court noted that the Tribunal rightly disregarded the CIT(A)'s order since the reopening itself was invalid. The Court emphasized that the assessment proceedings cannot proceed on an invalid reopening.Regarding the nature of transactions, the Court noted that the revenue accepted sales transactions and did not dispute business activities, which weakened the claim of bogus purchases. The key statement from Sancheti's representative was retracted through an affidavit citing coercion and mental distress, which was not addressed by the Assessing Officer or CIT(A). The Court held that once a retraction is made, the authority relying on the original statement must examine its validity and decide whether to rely on it despite the retraction. The failure to do so rendered the reopening unjustified.The Court also referred to the principle that circumstantial evidence and preponderance of probability must be considered carefully, and the Tribunal's approach was consistent with this principle as established in prior Calcutta High Court rulings.3. Significant holdings:'Suspicion of the Assessing Officer towards the possible escapement would not permit to reopen a completed assessment in defiance of the statutory requirement of substantial nature.''The belief entertained by the Assessing Officer must not be arbitrary or irrational. It must be a reasonable or in other words, it must be based on reasons which are relevant and material.''If there was no rational and intelligible nexus between the reasons and the belief, so that, on such reasons, no one properly instructed on facts and law could reasonably entertain the belief, the conclusion would be inescapable that the Assessing Officer could not have reason to believe that any part of the assessee's income has escaped assessment.''Once a retraction has been made, the concerned authority, who seeks to rely upon the statement, has to deal with the retraction and examine as to whether the retraction was valid and despite the retraction whether the original statement can be relied upon.'The Court conclusively held that the reopening notices issued for the assessment years 2011-12, 2012-13, and 2013-14 were invalid as they were based on borrowed satisfaction and mere suspicion without independent application of mind by the Assessing Officer. Consequently, the reassessment proceedings were quashed. The substantial questions of law were answered against the revenue, affirming that reopening must be founded on a reasoned belief supported by relevant material and not merely on suspicion or investigation reports alone.