2012 (10) TMI 98 - AT - Income Tax

Order u/s. 263 by CIT(A) - Held that - No interference is called for in the matter as it is well settled law that if the AO did not make enquiries on the issues involved in the assessment, it would amount to assessment order passed erroneously and prejudicial to the interest of Revenue. Since the AO failed to make proper enquiries on the matter in issue raised in the show cause notice by the Commissioner, therefore, the Commissioner rightly set aside the assessment order with the direction to make fresh assessment in this case after properly investigating the referred issues. In the absence of any material on record to challenge the findings of the Commissioner, no infirmity in the impugned order - against assessee.

Summary

Issues:
Challenging assessment order u/s. 263 of the IT Act for the assessment year 2007-08.

Analysis:
The appeal was filed against the order of the ld. CIT, Aligarh dated 21.03.2012, challenging the assessment order u/s. 263 of the IT Act for the assessment year 2007-08. The ld. Commissioner found the assessment to be erroneous and prejudicial to the interest of Revenue as per section 263 of the IT Act. The assessee was issued a show cause notice regarding sundry creditors, for which confirmations were not filed. The reply of the assessee was deemed cryptic and unsatisfactory, with no explanation provided for the difference in sundry creditors and third party confirmations. It was concluded that the AO failed to thoroughly examine these issues during the assessment, leading to the setting aside of the assessment order and directing the AO to conduct a fresh assessment after proper investigation.

The appeal hearing took place on 25.09.2012, where the assessee was notified through registered post, but the notice was returned marked as "refused." Despite the service of notice, the assessee did not appear for the hearing. The ld. DR supported the impugned order, stating that without any material produced by the assessee, the Commissioner's order should be upheld. Upon reviewing the submissions and findings, it was established that if the AO did not conduct necessary inquiries during the assessment, it would result in an assessment order being passed erroneously and prejudicial to the Revenue's interest.

As the AO failed to make proper inquiries on the issues raised in the show cause notice by the ld. Commissioner, the assessment order was rightfully set aside for a fresh assessment to be conducted after thorough investigation. With no material on record to challenge the Commissioner's findings, the Tribunal confirmed the impugned order and dismissed the appeal of the assessee. Consequently, the appeal of the assessee was dismissed, upholding the decision of the Commissioner for a fresh assessment to be carried out.