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2017 (12) TMI 1541 - HC - Income TaxRevision u/s 263 - materials before the Commissioner to justify his finding that the assessment order for the A.Y. 87-88 was erroneous insofar as it was prejudicial to the interests of the Revenue - improper and incomplete examination of the transactions between the assessee and the Trusts - Held that - No findings have been rendered by the CIT that the AO has made an incorrect assessment of facts or incorrect application of law to satisfy the requirements of the order being erroneous and prejudicial to the interests of the Revenue, as held in Malabar Industrial Company Ltd. (2000 (2) TMI 10 - SUPREME Court). In the opinion of the CIT, the AO ought to have made a further probe into the nature of the transactions between the assessee and the two Trusts. In other words, the CIT has desired a fishing and roving enquiry which is not permissible CIT has arrogated to himself the role of appellate body forgetting that he was only exercising his revisional power, the scope of which is far narrower than the scope of appeal. It is not as if from the material on record the CIT has found the transactions between the assessee and the two Trusts as sham or nominal, or any material was found revealing fraudulent nature of the transactions. He only wanted to know on a further appreciation/examination whether the transactions suffer from any such features. Therefore, the Tribunal, in our opinion, is justified in terming the order of the CIT as based on mere conjectures and surmises, and not on the facts borne out by the record. CIT has not suspected the bona fides in creation of the Trusts and their activities or that no material is found showing that the assessee had made an effort to reduce the tax liability on the transactions entered with the two Trusts. - Decided in favour of assessee
Issues Involved:
1. Whether the Tribunal was justified in concluding that the Commissioner acted beyond the scope of powers under Section 263 of the Income Tax Act. 2. Whether the Commissioner’s order satisfied the requirements of Section 263. 3. Applicability of the principle laid down in McDowell & Co. Ltd. v. CIT to the present case. Issue-wise Detailed Analysis: 1. Justification of Tribunal's Conclusion on Commissioner’s Powers under Section 263: The Tribunal set aside the Commissioner of Income Tax (CIT)'s order, stating that the CIT failed to provide specific material evidence showing any error in the assessment order of the Assessing Officer (AO) that was prejudicial to the interests of the Revenue. The Tribunal held that the CIT’s order was based on surmises and conjectures, which cannot replace proof. The High Court agreed, noting that the CIT desired a "fishing and roving enquiry," which is not permissible. The CIT did not find the transactions between the assessee and the Trusts to be sham or fraudulent but wanted further examination, which overstepped his revisional powers. The Tribunal's finding that the assessments for the relevant year were scrutinized and details examined by the AO was upheld. The High Court concluded that the CIT acted beyond his scope by not providing concrete evidence of erroneous assessment and by not revising the assessments of the Trusts involved. 2. Satisfaction of Requirements under Section 263: Section 263 of the Income Tax Act allows the CIT to revise an assessment order if it is erroneous and prejudicial to the interests of the Revenue. The High Court reiterated the Supreme Court’s interpretation that both conditions must be satisfied. The CIT’s order was based on the AO’s supposed failure to scrutinize transactions adequately, but no incorrect assessment of facts or law was demonstrated. The CIT’s suspicion alone, without concrete findings, did not meet the threshold for invoking Section 263. The High Court emphasized that the CIT cannot act as an appellate authority and must base his revision on material evidence showing an erroneous and prejudicial order. The Tribunal’s conclusion that the CIT’s order was based on conjectures and not facts was upheld, indicating that the requirements under Section 263 were not satisfied. 3. Applicability of McDowell & Co. Ltd. v. CIT: The CIT referenced McDowell & Co. Ltd. v. CIT, which deals with colorable tax planning devices to reduce tax liability. However, the High Court found this principle inapplicable to the present case. The CIT did not provide evidence questioning the bona fides of the Trusts or their activities. There was no material indicating that the assessee attempted to reduce tax liability through transactions with the Trusts. The High Court concluded that without such findings, the principle from McDowell & Co. Ltd. could not be applied. Conclusion: The High Court held that the CIT did not meet the requirements for invoking Section 263 as the assessment order was not shown to be erroneous. The Tribunal’s decision to set aside the CIT’s order was justified. The reference was answered against the Revenue, confirming that the CIT acted beyond his revisional powers and did not provide sufficient evidence to justify his order under Section 263.
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