Rahul Sachan v. ITO (2024) 299 Taxman 369 / 466 ITR 353 (All.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained money-information flagged under Risk Management Strategy (RMS)-Providing accommodation entries-Existence of information-Reopening of assessment is justified.[S. 69A,148, 148A(b), 148A(d), Art. 226]

Section 148A of the Income-tax Act, 1961, was enacted by the Finance Act, 2021 ([2021] 432 ITR (St.) 52), with effect form April 1, 2021. A reopening notice under section 148A(b) was issued for reason that as per information flagged under Risk Management Strategy (RMS) formulated by CBDT, revenue had been noticed that assessee had supplied goods/services of certain amount to a company which was not doing any actual business activities and was providing accommodation entries. This company was involved in receiving and giving bogus contracts/sub-contracts and raising invoices without delivery of any actual goods/services and was merely working as entry/exit provider. On writ dismissing the petition the Court held that  decision of assessing authority to initiate reassessment proceedings in case of assessee had arisen on basis of ‘information’ received that ‘purchaser’ did not exist.  That information was contained in reports of Income Tax Officer with respect to four addresses of purchaser.  No direct evidence was disclosed by assessee (in his reply) to doubt existence of that ‘information’.  ‘Suggestion’ as to escapement of income qua sales made to (non-existing) purchaser inhered in said information. The  said ‘information’ was relevant to ‘suggestion’ as to ‘escapement of income’ at hands of assessee.  The decision of the assessing authority to initiate reassessment proceedings in the case of the assessee for the assessment year 2020-21 arose on the “information” received that the “purchaser” did not exist. That was contained in the report of the ITO with respect to the four addresses of the “purchaser”. No direct evidence was furnished by the assessee, (in his reply), to doubt the existence of that “information”. Hence the order under section 148A was valid.  (AY. 2020-21)