2015 (11) TMI 1802 - AT - Income Tax

Reopening of assessment u/s 147 - non independent application of mind by AO - addition u/ 68 - HELD THAT - As relying on G G PHARMA INDIA LTD. 2015 (10) TMI 754 - DELHI HIGH COURT Reopening is bad in law as in this case the A.O. has not independently applied his mind to the information received so as to form an opinion that income chargeable to tax has escaped assessment in the case of the assessee. He has not stated as to how the material gathered by the Investigation Wing has nexus with the assessee. The report and the finding of the Investigations Wing have to be relied upon by the A.O. without any independent verification. Merely discussing the modus operandi will not lead the A.O. to form a reasonable belief that income chargeable to tax of the assessee has escaped assessment. Hence in my view the reopening of the assessment is bad in law. - Decided in favour of assessee.

Summary

Issues:
Challenge to reopening of assessment based on lack of independent application of mind by Assessing Officer.

Analysis:
The appellant challenged the reopening of the assessment, arguing that the Assessing Officer (AO) did not independently apply his mind to the material before recording reasons for reopening. The appellant contended that without forming a prima facie opinion based on the material, it was incorrect for the AO to reopen the assessments.

Upon reviewing the reasons for reopening recorded by the AO, it was noted that extensive enquiries were made into bank accounts used for accommodation entries. These entries were primarily aimed at ploughing back unaccounted black money for business purposes or inflating expenses to reduce tax liabilities. The investigation revealed the involvement of entry operators who facilitated these transactions for beneficiaries seeking to introduce unaccounted money into their books.

The investigation report raised doubts about the genuineness of transactions and the creditworthiness of the parties involved in providing these entries. Specific credits in the bank account of the appellant were scrutinized, revealing connections to entities lacking creditworthiness. Based on statements and findings, it was concluded that the credit entries fell under the purview of Section 68 of the Income Tax Act, indicating income chargeable to tax that had escaped assessment for the relevant year.

In a related judgment, the Delhi High Court emphasized the necessity for the AO to apply his mind independently to the materials before concluding that income had escaped assessment. The Court highlighted the importance of forming a prima facie opinion based on relevant materials rather than making conclusions without a thorough examination. Applying these principles to the present case, it was held that the reopening of the assessment was flawed as the AO had not sufficiently linked the information gathered with the appellant's case, indicating a lack of independent application of mind.

Ultimately, the Tribunal allowed the appellant's appeal, finding the reopening of the assessment to be legally unsound due to the AO's failure to independently assess the material provided by the Investigation Wing. The judgment underscored the requirement for the AO to establish a reasonable belief that income chargeable to tax had escaped assessment, emphasizing the need for a robust and independent evaluation of the relevant information.

This comprehensive analysis delves into the issues raised by the appellant regarding the reopening of the assessment, the findings of the investigation, and the legal principles governing the application of mind by the Assessing Officer in such cases.