Reassessment jurisdiction fails when mandatory notice, recorded reasons, speaking objections, and independent reopening sanction are absent.
Reassessment jurisdiction fails where the Revenue cannot establish timely service of mandatory notice under section 143(2), furnish the recorded reasons for reopening, or dispose of objections through a separate speaking order. A later notice or supply of investigation material does not cure those defects. Reopening sanction is also unsustainable where approving authorities give consolidated, formulaic endorsements without independent application of mind to the assessee's facts, and the Assessing Officer relies on unverified investigation information rather than forming an independent reasoned belief. Such procedural and jurisdictional failures invalidate the reopening notice, reassessment proceedings and consequential assessment.
Issues: (i) Whether the reassessment proceedings were valid without proof of timely service of notice under section 143(2), supply of recorded reasons, and disposal of objections by a speaking order; (ii) Whether sanction for reopening under section 151 was valid where the approving authorities recorded mechanical satisfaction and the reopening was founded on unverified investigation information.
Issue (i): Whether the reassessment proceedings were valid without proof of timely service of notice under section 143(2), supply of recorded reasons, and disposal of objections by a speaking order.
Analysis: The alleged notice under section 143(2) dated 17.10.2016 carried no dispatch details or evidence of service, and the record did not establish that it was served. The subsequent notice dated 24.11.2017 could not establish timely compliance. Notice under section 143(2) within the prescribed period is mandatory for completing reassessment. The material also showed that the assessee repeatedly sought the recorded reasons and raised objections, whereas the Revenue showed only supply of investigation information, not the recorded reasons, and did not establish that the objections were disposed of through a separate speaking order.
Conclusion: The reassessment was invalid for failure to establish mandatory procedural compliance; this issue is decided in favour of the assessee.
Issue (ii): Whether sanction for reopening under section 151 was valid where the approving authorities recorded mechanical satisfaction and the reopening was founded on unverified investigation information.
Analysis: The approval endorsements merely stated that reopening was recommended and that the approving authority was satisfied. The approvals were issued in a consolidated manner for multiple assessees, and the record reflected no independent application of mind to the assessee's distinct facts. Reopening was initiated on information received from the Investigation Wing without verification of its correctness, demonstrating borrowed satisfaction rather than the Assessing Officer's own reasoned belief.
Conclusion: The sanction and initiation of reassessment were legally unsustainable; this issue is decided in favour of the assessee.
Final Conclusion: The notice for reopening, reassessment proceedings, and consequential assessment were quashed, rendering the challenges to the additions on merits academic.
Ratio Decidendi: Reassessment jurisdiction fails where mandatory notice requirements and the obligation to furnish recorded reasons and decide objections are not met, or where statutory sanction is mechanically granted without independent application of mind.