2015 (10) TMI 2588 - AT - Income Tax

Revision u/s 263 - reliance on audit objections - capital gains - Held that - The Assessing Officer has made enquiry with regard to investments in shares and mutual funds at assessment stage and assessee vide his reply dated 07.12.2010 offered the amount for taxation on account of capital gains. Therefore, it is not a case of no enquiry on capital gains by Assessing Officer. Therefore, the reasons given by the CIT in the impugned order are wholly unjustified for invoking jurisdiction under section 263 of the Act. Thus, the CIT did not assume the jurisdiction under section 263 in accordance with law and cannot substitute his opinion against opinion expressed by the Assessing Officer in the assessment order. Therefore, there is no justification to sustain the impugned order under section 263 of the Act. We, accordingly, set aside and quash the order under section 263 of the Act and restore the assessment order under section 143(3) of the Act dated 16.12.2010. - Decided in favour of assessee.

Issues Involved:
1. Validity of the CIT's invocation of jurisdiction under section 263 of the Income Tax Act.
2. Adequacy of the Assessing Officer's (AO) enquiry regarding the source of investments in mutual funds and shares.
3. Examination of the sale of properties and cars as sources of investment.
4. Validity of the loan received from Shri Bhupesh Sehgal as a source of investment.
5. Adequacy of the cash-flow statement provided by the assessee.

Issue-wise Detailed Analysis:

1. Validity of the CIT's Invocation of Jurisdiction under Section 263:
The CIT invoked section 263 based on an audit objection, claiming the AO's assessment was erroneous and prejudicial to the interest of revenue. The Tribunal found that the CIT initiated proceedings under section 263 solely based on the audit objection, without independent application of mind. The Tribunal cited the ITAT Chandigarh Bench's decision in the case of Jaswinder Singh vs. CIT-II and the Hon'ble Punjab & Haryana High Court's ruling in CIT vs. Sohana Woollen Mills, which held that mere audit objections are insufficient for invoking section 263 jurisdiction. Thus, the Tribunal concluded that the CIT's initiation of section 263 proceedings was unjustified and quashed the order.

2. Adequacy of the AO's Enquiry Regarding the Source of Investments:
The AO had issued statutory notices and received replies from the assessee, including documentary evidence such as agreements to sell, affidavits, and receipts. The AO accepted the assessee's explanation for the source of investments in mutual funds and shares, which included the sale of properties and cars, and a loan. The Tribunal noted that the AO had conducted an enquiry, and the CIT's disagreement with the AO's conclusion did not render the assessment order erroneous or prejudicial to the interest of revenue. The Tribunal emphasized that the AO had taken one of the possible views permissible in law.

3. Examination of the Sale of Properties and Cars as Sources of Investment:
The assessee provided details of three properties sold, supported by agreements to sell and affidavits. The CIT argued that the AO failed to verify ownership, cost of acquisition, and the genuineness of transactions. However, the Tribunal found that the AO had examined the documents and was satisfied with the explanations provided. The Tribunal held that the CIT's re-appreciation of the evidence was beyond the scope of section 263.

4. Validity of the Loan Received from Shri Bhupesh Sehgal:
The assessee claimed a loan of Rs. 9.92 lacs from Shri Bhupesh Sehgal, supported by an affidavit. The CIT contended that the AO did not verify the creditworthiness of the lender. The Tribunal noted that the AO was satisfied with the explanation and the affidavit provided. The Tribunal held that the CIT should have conducted an enquiry during the 263 proceedings if he found the AO's enquiry inadequate. The Tribunal cited the Delhi High Court's decision in Director of Income Tax vs. Jyoti Foundation, emphasizing that mere inadequacy of enquiry does not justify section 263 proceedings without establishing the error.

5. Adequacy of the Cash-flow Statement Provided by the Assessee:
The assessee submitted a cash-flow statement explaining the source of cash deposits in the bank account. The CIT found the cash-flow statement to be an afterthought and noted unexplained transactions. However, the Tribunal observed that the AO had considered the cash-flow statement and was satisfied with the explanations. The Tribunal reiterated that the AO's acceptance of the assessee's explanations was a possible view, and the CIT's disagreement did not justify invoking section 263.

Conclusion:
The Tribunal concluded that the CIT's invocation of section 263 was based on an audit objection without independent application of mind. The AO had conducted an enquiry and accepted the assessee's explanations, which was a possible view in law. The Tribunal quashed the CIT's order under section 263 and restored the AO's assessment order. The appeal filed by the assessee was allowed.

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