2022 (4) TMI 183 - HC - Income Tax

Reopening of assessment u/s 147 - Shorter time to reply to notice - HELD THAT - As show cause notice dated 25.03.2022 the petitioner was to submit his response by 23 59 hours of 27.03.2022. However the petitioner has apparently not filed his reply to the show cause notice and has instead filed the present writ petition on 28.03.2022 which can be said to partake the character of an appeal as the assessment is to be finalized as per the draft assessment order. As an order passed under Section 147 of the Income Tax Act 1961 is an appealable order in terms of Section 246 (i)(b) of the Income Tax Act 1961 it is the opinion of the Court that the petitioner can avail the alternative remedy available by approaching the appellate authority. However keeping in view the fact that the petitioner has been given only 2 (two) days time to file a reply to the show cause notice dated 25.03.2022 this Court is of the view that the respondents should give the petitioner a further 10 (ten) days time from today for filing his reply to the show cause notice dated 25.03.2022

Summary

Issues:
1. Validity of notice issued under Section 148 of the Income Tax Act, 1961 for reopening assessment year 2015-16.
2. Challenge against consequential notices and order issued by the Income Tax Authorities.
3. Compliance with Section 68 of the Income Tax Act, 1961 in relation to unexplained credit.
4. Applicability of case laws regarding issuance of notice under Section 148.
5. Availability of alternative remedy under Section 246 (i)(b) of the Income Tax Act, 1961.

Analysis:
1. The petitioner contested the validity of the notice issued under Section 148 for reopening the assessment year 2015-16, arguing that the reasons provided did not establish any income escapement. The petitioner's counsel highlighted that the notice lacked a nexus with the belief of income escaping assessment, rendering it illegal and beyond jurisdiction.
2. The petitioner challenged subsequent notices and orders, claiming that the Income Tax Authorities did not follow due process in reopening the assessment. The authorities issued notices and rebuttals, leading to a show cause notice to the petitioner, who objected to the proceedings.
3. The petitioner's counsel emphasized compliance with Section 68 of the Income Tax Act, requiring the assessee to explain unexplained credits. The petitioner was accused of earning a bogus profit, which was not disclosed during scrutiny assessment, leading to the reopening of the assessment.
4. Reference was made to legal precedents, including the Supreme Court's judgment in "M/S. Chhugamal Rajpal Vs. S.P. Chaliha," emphasizing the necessity for valid reasons before issuing a notice under Section 148. The petitioner sought a stay order akin to a previous case, citing the need for proper justification in initiating reassessment proceedings.
5. The Court acknowledged the availability of an alternative remedy under Section 246 (i)(b) for appealing against orders under Section 147. Despite dismissing the writ petition, the Court directed the respondents to grant the petitioner additional time to respond to the show cause notice, considering the limited timeframe initially provided.

This detailed analysis covers the key issues raised in the legal judgment, outlining the arguments presented by both parties and the Court's decision regarding the validity of the notice and the availability of alternative remedies.