Facts of
the Case
- The
petitioner filed its return for AY 2011–12 declaring nil income
after claiming deduction under Section 80IC.
- The
case was selected for scrutiny and detailed queries were raised, including
on unsecured loans from RKG Finvest Pvt. Ltd.
- The
petitioner furnished:
- Confirmation
from lender
- Bank
statements
- Ledger
extracts
- Balance
sheet
- After
examination, assessment under Section 143(3) was completed on 28.03.2014.
- Subsequently,
on 31.03.2018 (last day of limitation), notice under Section 148 was
issued alleging accommodation entries of ₹2 crore.
- The reassessment was based on information from Investigation Wing regarding alleged entry operator.
Issues Involved
- Whether
reassessment proceedings can be initiated without fresh tangible material.
- Whether
reopening based on already examined issues amounts to change of opinion.
- Whether vague investigation inputs satisfy “reasons to believe” under Section 147.
Petitioner’s Arguments
- Reassessment
is invalid as it is based on change of opinion.
- The
issue of unsecured loan was already scrutinized during original assessment.
- No
new material was available with the Assessing Officer.
- The
“reasons to believe” were vague and based on borrowed satisfaction
from investigation wing.
- No live nexus between material and alleged escapement of income.
Respondent’s Arguments
- Investigation
report indicated that lender was involved in accommodation entries.
- Reference
to activities of alleged entry operator (Surendra Kumar Jain group).
- Information
from SFIO and RBI inspections suggested circular transactions.
- Therefore, reassessment was justified to tax escaped income.
Court’s Findings / Order
- The
Court held that “reasons to believe” must be based on tangible material
and independent application of mind.
- The
AO failed to establish a live link between material and belief of escapement
of income.
- The
issue of unsecured loan was already examined in original scrutiny
proceedings.
- Reopening
amounted to mere change of opinion, which is impermissible in law.
- The
reasons recorded did not reflect analysis of investigation material.
- Reassessment notice dated 31.03.2018 was quashed.
Important
Clarifications by Court
- Reassessment
must be based on material available at the time of recording reasons,
not subsequent justifications.
- Borrowed
satisfaction from investigation agencies is not
sufficient.
- There
must be a clear nexus (live link) between material and conclusion.
- Completed scrutiny assessments cannot be reopened casually
Link to download the order -https://delhihighcourt.nic.in/app/showFileJudgment/RAS22082023CW125472018_215727.pdf
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