M/S. JALARAM ENTERPRISES PVT. LTD. vs. INCOME TAX OFFICER WARD 15(2)(2)
What did the High Court hold?
The High Court held that the impugned notice of reopening of assessment for AY 2014-15 was liable to be quashed. The Court noted that the petitioner had provided evidence, including a reply to a notice under Section 133(6) and objections to the reopening notice, clearly stating that the alleged accommodation entries of Rs. 40 lakhs and Rs. 15 lakhs were taken in FY 2009-10 (AY 2010-11). The petitioner had also submitted documentation proving that these loans were verified during the assessment proceedings for AY 2010-11. The Court found that the Assessing Officer's reasons for reopening were factually erroneous because the transactions cited did not relate to the assessment year under consideration (AY 2014-15). The Court observed that the Assessing Officer had not adequately addressed this crucial opposition from the petitioner and had given a general disposal to this ground. The Court concluded that when the very foundation of reassessment is missing, it is impermissible for the Assessing Officer to proceed with reassessment based on such a notice. Therefore, solely on this ground, the impugned notice was quashed. The petition was allowed.
What were the facts?
The petitioner, M/s. Jalaram Enterprises Private Limited, challenged a notice dated March 27, 2018, issued by the Income Tax Officer to reopen the assessment for Assessment Year (AY) 2014-15. The original assessment order under Section 143(3) was passed on November 30, 2016. The Assessing Officer's reasons for reopening were based on information received from DDIT (Inv) Unit 7(4), Mumbai, indicating that the assessee was a beneficiary of bogus entities controlled by Mr. Vipul Vidhur Bhatt. Mr. Bhatt, in his statement under Section 132(4), admitted to being an entry operator and that the entities were bogus, used for providing accommodation entries for commission. The information suggested the assessee had taken accommodation entries of Rs. 40 lakhs from M/s. Dolex Commercial Pvt. Ltd. and Rs. 15 lakhs from M/s. Shyam Alcohol and Chemicals Ltd., controlled by Mr. Bhatt, during the financial year relevant to AY 2014-15. The Assessing Officer concluded there was a failure to disclose material facts, leading to escapement of income to the extent of Rs. 55,00,000/-, justifying reopening under Section 147.
What were the issues?
1. Whether the notice of reopening of assessment for AY 2014-15 is liable to be quashed on the ground that the transactions forming the basis of the reasons recorded did not pertain to the assessment year in question, as per Section 147 of the Income Tax Act, 1961. Assessee's Contention: The petitioner argued that the alleged accommodation entries of Rs. 40 lakhs and Rs. 15 lakhs were taken in Financial Year (FY) 2009-10, which corresponds to AY 2010-11. These loans were verified during the assessment proceedings for AY 2010-11 by the ACIT, Central Circle 2, Mumbai. The petitioner submitted that complete details, including confirmations, bank statements, and return copies, were provided to prove the genuineness of the parties. The assessee contended that the reasons recorded for reopening AY 2014-15 were factually erroneous as the transactions were from AY 2010-11, which had already been assessed. Furthermore, this fact was already on record with the Assessing Officer's predecessor prior to the recording of reasons for reopening. Revenue's Contention: The judgment does not record specific contentions from the revenue on this issue. However, the Assessing Officer's reasons indicate a belief that income had escaped assessment due to non-disclosure of material facts.
Which sections of the Income-tax Act were involved?
Section 143(3),Section 132(4),Section 133(6),Section 147,Section 148
AI-generated summary — verify with the full judgment below
12 wp 1181018c IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11810 OF 2018
M/s Jalaram Enterprises Private Limited … Petitioner V/s. Income Tax Officer … Respondent Ms.Ritika Agarwal for the Petitioner. Mr.Suresh Kumar for the Respondent. CORAM : AKIL KURESHI AND M.S.SANKLECHA, JJ. DATE : MARCH 01, 2019. P.C.:
Petitioner has challenged a notice of reopening of assessment for the assessment dated 27th March, 2018 issued by the Assessing Officer to reopen the assessment of the petitioner for the assessment year 201415. 2. Brief facts are as under: Petitioner is a private limited company. Petitioner had filed return of income for the said assessment year, on which the Assessing Officer passed order under Section 143(3) of the Act 12 wp 1181018c on 30th November, 2016. To reopen such assessment, the impugned notice came to be issued. In order to do so, the Assessing Officer had recorded following reasons:
“1. The assessee company has filed the return of income for A.Y.201415 on 21.09.2014 declaring total income of Rs.6,69,326/ The said return of income was processed u/s.143(1) of the IT Act, 1961. Thereafter, the assessment was made u/s 143(3) of the Act vide order dated 30.11.2016 determining total income at Rs.21,21,640/, which has been upheld in the appellate order of Ld. CIT(A) dated 02.06.2017. 2. As per the information received from the DDIT (lnv) Unit 7(4), Mumbai vide letter No. DDIT(INV)/Unit7(4)/Information/201617 dated 30.09.2016, the assessee M/s. Jalaram Enterprises Private Limited (PAN: AABCJ6334N) is one of the beneficiaries of bogus entities which are controlled and operated by Mr. Vipul Vidhur Bhatt. A Search & Seizure action u/s 132 of the Act was carried out in the case of Mr.Vipul Vidhur Bhatt and his other related entities on 05.02.2016 and his statement was recorded on 09.02.2016 u/s 132(4) of the Act. In the statement Mr.Vipul Vidhur Bhatt has accepted that he is an entry operator and all the entities are bogus companies, which are used by him for providing accommodation entries to various beneficiaries for commission and also accepted that he is a Director in these companies and all other directors are dummy directors.
As per the information received, during the financial year relevant to the assessment year under consideration, M/s. Jalaram Enterprises Pvt. Ltd. has taken accommodation entries of Rs.40 lakhs from M/s. Dolex Commercial Pvt. Ltd. and Rs.15 lakhs from M/s. Shyam Alcohol and Chemicals Ltd., which 12 wp 1181018c are controlled and operated by Mr.Vipul vidhur Bhatt. The extent of such accommodation entries taken may be much more. This is because, the assessee may have taken accommodation entries from other such bogus concerns, which needs to enquired. Thus, the assessee has entered into suspicious and prima facie bogus financial transactions, which has been done to suppress its profit.
Therefore, after taking approval, vide notice u/s 133(6) of the I.T. Act, the AssesseeCompany was asked to file Computation of Income, computation u/s 115JB (if applicable),Form 3CEB (if any), full set of the IT return, Tax Audit Report, reconciliation of 26AS CIB / AIR / OLTAS /Service Tax / STT / Sales tax Return with Audited books, Audited Profit and Loss account and Balance Sheet along with all its annexure for the financial year relevant to the assessment year, latest by 27.03.2018 by 11.00 a.m
In response to notice u/s.133(6), the assessee submitted its reply through email on 27.03.2018 at 1.36 p.m.. The same has been perused.
Further, this office has also examined the evidence and fact of the case independently and it is found that, there is failure on the part of the assessee to disclose fully and truly all the material facts necessary for its assessment for the year under consideration. Therefore, I have the reason to believe that the income chargeable to tax under the provisions has escaped assessment to the extent of Rs.55,00,000/.
Therefore, there is sufficient material on record, on the basis of which, I have reason to believe that assessee has not made full and true disclosure, resulting in escapement of income chargeable to tax to the extent of 55,00,000/ for A.Y.201415 within the meaning of section 147 of the IT Act. Hence, it is a fit case for initiation of proceedings u/s. 147 of the 12 wp 1181018c I.T. Act, 1961 by issuing notice u/s. 148 of the Income Tax Act, 1961.”
Short ground raised by the petitioner was that the transaction in question to which the Assessing Officer has made a reference in the reasons recorded, did not take place during a period relevant to the assessment year in question. In the petitioner's own case in Writ Petition No.11811 of 2018 we had accepted such grounds for quashing the notice impugned therein, making following observations: “6. We had examined the documents on record with this limited question in mind. The reasons recorded by the Assessing Officer refer to a notice issued by him under Section 133(6) of the Act, before recording the reasons and issuing notice of reopening. The petitioner has produced written reply to such notice under Section 133(6) of the Act, in which the petitioner had pointed out as under: “4. In your captioned notice, you have also raised issue of alleged accommodation entries of 40 lakh from M/s Dolex Commercial Pvt. Ltd.a nd Rs.15 lakh from M/s Shyam Alcohol & Chemicals Ltd. We have to state as under: It is submitted that the above parties had lent us the amounts as early as in FY 200910. The said loans wee verified during assessment proceedings of the company for the AY 201011 by ld. ACIT CC2 Mumbai. In response to direct inquiry made by the ld. ACIT then the captioned companies had filed complete details like confirmation, bank statements and the return copies to prove the genuineness, creditworthiness and existence of 12 wp 1181018c parties. A copy of the submission made by the said lenders before the ld. ACIT in assessment proceedings for AY 201011 alongwith the copies of bank statement and the return copy is enclosed herewith and is marked as Annexure”A” and “B” respectively.”
As if this much was not enough, in the objections raised by the petitioner to the notice of reopening of assessment, following further ground was raised:
“5. That vide submission dated 26/03/2018 filed in response to your notice dated 23/03/2018 u/s 133(6) for the impugned assessment year, the assessee has already submitted that the above named parties had lent the amount as early as in FY 200910 i.e. AY 201011. The said loans were verified during the assessment proceedings of the assessee for AY 201011 by ld. ACIT, Central Circle 2, Mumbai. In response to direct inquiries made the ld. ACIT then the above named parties have filed complete details like confirmation, bank statements and return of income copies to prove the genuineness, creditworthiness and existence of parties. Copy of said letter dated 26/03/2018 along with annexures is annexed hereto and marked as “Exhibit A”.
That on perusal of the said letter dated 26/03/2018 and annexures hereto, it can be noted that the assessee has received amounts from above mentioned parties during AY 201011 which stands assessed. Thus, it is submitted that the “reasons recorded” for AY 201213, AY 201314 and AY 201415 are factually erroneous and thus, the reopening deserves to be quashed.
That it is also submitted that the above fact was already on record of your ld. predecessor in response to notice issued u/s 133(6) prior to recording reasons u/s 148 of the Act. Thus, the reasons recorded dehors the original assessment record and subsequent inquiry u/s.133(6) of the 12 wp 1181018c Act is wholly without jurisdiction.”
While disposing of the objections, the Assessing Officer did not clearly meet with this opposition of the petitioner. He instead, gave a rather general disposal to this ground. The petitioner has also produced with this petition, correspondence entered into by the petitioner with the Assessing Officer during the assessment for the assessment year 201011, in which the petitioner had supplied full details of the said receipts from the said two entities. Clearly therefore, the petitioner has built up a strong case to establish that the receipts in question never related to the present assessment year. The Assessing Officer simply cannot take shelter under the ground that all these aspects can be examined under the reassessment proceedings. When the very foundation of the reassessment is missing, it would be impermissible for the Assessing Officer to carry on the reassessment based on such notice.
In the result, only on this ground, impugned notice is quashed. Petition is allowed and disposed of. ”
In the result, for the reasons recorded, impugned notice is quashed. Petition allowed and disposed of accordingly. (M.S.SANKLECHA,J.) (AKIL KURESHI,J.) ….
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