2015 (2) TMI 1313 - HC - Income Tax

Reopening of assessment u/s 147 - denial of natural justice - assessee denied an opportunity of fair hearing - petitioner holding that certain shares were purchased by the petitioner out of the income that had escaped from the assessment - HELD THAT - As the petitioner has been denied an opportunity of fair hearing by providing copy of the statement and related details regarding the alleged share amount matter requires to be re-considered by the respondent by providing fair and reasonable opportunity of hearing to the petitioner and by furnishing the details/copy of the statement based on which the impugned assessment order has been passed. Writ petition is allowed. The impugned order is set aside. The matter is remitted for fresh consideration to the respondent. See SRI SURESH KUMAR KOTHARI (HUF) VERSUS INCOME TAX OFFICER BANGALORE 2015 (1) TMI 1426 - KARNATAKA HIGH COURT

Summary

Issues:
1. Failure to assign reasons for reopening of assessment.
2. Addition of income to the petitioner without proper opportunity of being heard.
3. Reliance on third-party statements without providing details to the petitioner.

Analysis:

1. The petitioner raised concerns regarding the failure of the respondent to provide reasons for reopening the assessment for the assessment year 2007-08 under section 148 of the Income Tax Act 1961. Despite the lack of reasons, the reassessment was conducted, resulting in the addition of a specific amount to the petitioner's income. The basis for this addition was the purported admission by Mukesh Choksi, which was communicated to the respondent by authorities in Mumbai. The petitioner contended that without proper reasons, participating in the reassessment proceedings was unjust. The court acknowledged the similarity of this case to a previously disposed writ petition and directed a fresh consideration by the Income Tax Officer-Ward 9(3), Bengaluru.

2. The petitioner's grievance extended to the lack of a fair opportunity to present their case during the reassessment proceedings. The court highlighted that the entire basis for the reassessment was the statement of Mukesh Choksi, without providing the petitioner with a copy of the statement or notifying them about the transaction in question. Citing a judgment of the Delhi High Court, the court emphasized the necessity of affording a fair and reasonable opportunity of being heard to the petitioner before passing any orders based on third-party statements. The court concluded that the impugned order lacked proper procedural fairness and set it aside, emphasizing the need for a reconsideration with adequate opportunity for the petitioner to present their case.

3. The court noted the reliance on third-party statements, specifically Mukesh Choksi's admission, without providing relevant details to the petitioner. Drawing parallels to a case from the Delhi High Court, the court emphasized that assessments based solely on such statements without providing necessary details to the concerned party could not be sustained. The court stressed the importance of providing all relevant information to the petitioner and allowing them a fair chance to respond before finalizing any assessment. Consequently, the court directed the respondent to furnish a copy of Mukesh Choksi's statement to the petitioner and ensure a fair and reasonable opportunity for the petitioner to be heard before proceeding with any further assessments.