2025 (5) TMI 35 - HC - Income Tax

Reopening of assessment u/s 147 - assessment was reopened on the basis of information that the Assessee had made exports under Shipping Bills linked to a PAN different from that used by the Assessee for filing returns - HELD THAT - It is apparent that if the matter is to proceed further on the suspicion entertained by the AO the AO must examine the shipping bill in respect of which the income has allegedly escaped assessment. This is considering that the Assessee disputes that any such exports had been made by him. It is the Assessee s contention that the shipping bill in question had been manually corrected and thus he had made no exports under a code linked to PAN AABPS3614F. The AO must necessarily have some material to proceed further with his assumption that income pertaining to the shipping bill in question has escaped assessment. However we do not find that the AO has addressed this issue in the order passed u/s 148A (d) of the Act. The impugned order passed u/s 148A (d) of the Act is set aside. Assessee appeal allowed.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered by the Court include:

• Whether the Assessing Officer (AO) was justified in initiating reassessment proceedings under Section 148 of the Income Tax Act, 1961, based on information relating to high-value export transactions allegedly linked to a PAN different from that used by the Assessee for filing returns.
• Whether the AO erred in relying on information associated with a PAN (AABPS3614F) which the Assessee contends he has not used since 2011 and which is distinct from the PAN (AREPS2819J) under which the Assessee has consistently filed returns.
• Whether the AO properly considered the Assessee's contention that the alleged high-value export transactions were based on an incorrect Shipping Bill figure that had been officially corrected and expunged from records.
• Whether the reassessment proceedings could be sustained without the AO examining the validity of the Shipping Bill and the linkage of the export transactions to the PAN in question.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Justification for Initiation of Reassessment Proceedings under Section 148

Relevant legal framework and precedents: Section 148 of the Income Tax Act empowers the AO to reopen an assessment if there is reason to believe that income chargeable to tax has escaped assessment. Section 148A provides for procedural safeguards including issuance of notice and opportunity to the assessee before reopening.

Court's interpretation and reasoning: The Court examined the AO's order under Section 148A(d), which was based on information from the insight portal indicating that the Assessee had made exports aggregating Rs. 1,19,95,668/-, allegedly undisclosed in the return filed under PAN AABPS3614F.

Key evidence and findings: The Assessee filed returns under PAN AREPS2819J, and denied any use of PAN AABPS3614F since 2011. Supporting documents such as GST registration and IEC certificate were submitted to establish the correct PAN linkage. The Assessee also highlighted that the export figure relied upon by the AO was based on a Shipping Bill that had been manually corrected by Customs authorities, expunging the inflated figure.

Application of law to facts: The Court noted that the AO's assumption that income had escaped assessment was premised on the existence of export transactions under a PAN not used by the Assessee for filing returns. However, the AO did not address whether the corrected Shipping Bill figure had been considered, nor did the AO examine whether the exports linked to PAN AABPS3614F had actually been made by the Assessee.

Treatment of competing arguments: The Revenue contended that the AO was entitled to initiate reassessment if there was evidence of tax evasion under any PAN linked to the assessee. The Assessee argued that the AO's reliance on incorrect information and failure to consider the corrected Shipping Bill rendered the reassessment invalid.

Conclusions: The Court found that the AO had not sufficiently addressed the Assessee's contention regarding the corrected Shipping Bill and the linkage of exports to the PAN in question. The reopening was thus premature without proper examination of these facts.

Issue 2: Validity of Reliance on PAN Different from that Used by Assessee for Filing Returns

Relevant legal framework and precedents: The Income Tax Act does not preclude the AO from investigating income under different PANs if there is evidence of evasion. However, the AO must establish a clear connection between the PAN and the income in question.

Court's interpretation and reasoning: The Court recognized that the existence of two PANs could cause confusion but emphasized that the AO must verify whether the exports were indeed made under the PAN AABPS3614F. The Court underscored that mere database entries without examination of documentary evidence cannot justify reassessment.

Key evidence and findings: The Assessee demonstrated that the IEC code linked to PAN AREPS2819J was used for exports, and that the PAN AABPS3614F was not utilized by him since 2011. The AO's reliance on CBIC database entries was insufficient to establish misuse of the second PAN.

Application of law to facts: The Court held that the AO must have material to establish that the income under the second PAN was undisclosed and that the Assessee had in fact used that PAN for export transactions. Without such material, reassessment cannot be sustained.

Treatment of competing arguments: The Revenue's argument that the presence of transactions in the CBIC database under the second PAN justified reassessment was rejected in the absence of corroborative evidence.

Conclusions: The Court concluded that the AO's reliance on a different PAN without verifying the Assessee's submissions and documentary evidence was flawed.

Issue 3: Consideration of Corrected Shipping Bill and Its Impact on Income Escaping Assessment

Relevant legal framework and precedents: The AO's power to reopen assessments is contingent on credible information indicating escaped income. Official corrections to records that negate such information must be considered.

Court's interpretation and reasoning: The Court noted that the Shipping Bill initially showed exports of Rs. 1,19,95,668/-, but this figure was subsequently corrected by Customs authorities. The corrected figure was Rs. 63,11,609.70, which had been duly reported by the Assessee.

Key evidence and findings: The Assessee produced the amendment order from Customs authorities and a detailed Excel sheet of exports. The AO failed to consider this correction in his order under Section 148A(d).

Application of law to facts: The Court held that the AO cannot rely on an expunged figure as a basis for reassessment. The corrected figure, which was lower and disclosed, negated the premise that income had escaped assessment.

Treatment of competing arguments: The Revenue did not dispute the correction but maintained reliance on CBIC data. The Court found this approach inconsistent with the documentary evidence submitted by the Assessee.

Conclusions: The Court emphasized that the AO must take into account official corrections and cannot proceed on outdated or incorrect data.

Issue 4: Procedural Requirements for Reassessment and Need for Fresh Examination

Relevant legal framework and precedents: Section 148A mandates that the AO must provide reasons and material supporting the belief that income has escaped assessment, and consider the assessee's response before issuing a notice under Section 148.

Court's interpretation and reasoning: The Court found that the AO's order under Section 148A(d) did not adequately address the Assessee's submissions, particularly regarding the corrected Shipping Bill and the PAN linkage. The AO's failure to examine these critical issues rendered the reassessment proceedings unsustainable.

Key evidence and findings: The AO's order was silent on whether the Shipping Bill was examined or whether the Assessee's claim of non-use of PAN AABPS3614F was verified.

Application of law to facts: The Court held that the AO must first examine the disputed Shipping Bill and verify the PAN linkage before proceeding with reassessment. Without such examination, the order under Section 148A(d) cannot stand.

Treatment of competing arguments: The Revenue's contention that the reassessment was justified based on suspicion was rejected in light of procedural safeguards and the need for material evidence.

Conclusions: The Court set aside the order under Section 148A(d) and remanded the matter to the AO to consider the Assessee's contentions and evidence afresh within a stipulated timeframe.

3. SIGNIFICANT HOLDINGS

The Court held:

"The impugned order passed under Section 148A (d) of the Act is set aside. We consider it apposite to remand the matter to the AO to consider the Assessee's case that he has not made any export of goods under a code linked to PAN AABPS3614F. However, if the AO finds that there is any material which would establish otherwise, the AO may pass a fresh order under Section 148A (d) of the Act within a period of four weeks from date."

Core principles established include:

• The AO must base reassessment proceedings on verified and credible information, not mere suspicion or unexamined database entries.
• The existence of multiple PANs linked to an assessee requires careful examination before reopening assessments to avoid confusion and erroneous proceedings.
• Official corrections to export documents, such as Shipping Bills, must be considered as they can materially affect the basis for reassessment.
• Procedural safeguards under Section 148A must be strictly adhered to, including addressing the assessee's submissions before issuing a notice under Section 148.

Final determinations on each issue were in favor of the Assessee's contentions, leading to the setting aside of the reassessment order and remand for fresh consideration by the AO with proper examination of the disputed facts and documents.