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2014 (5) TMI 39 - AT - Income TaxRevision of an order - Jurisdiction of CIT u/s 263 of the Act Held that - The AO came to the conclusion after detailed examination of the facts and circumstances of the case and direction of the Tribunal - The observation of the CIT in the proceedings u/s. 263 of the Act is unwarranted - The AO having applied his mind came to the conclusion that there is no necessity of addition relating to the issue raised by the CIT - as there was enquiry by the AO, even assuming that it is inadequate, that would not give an occasion to exercise jurisdiction by the CIT u/s. 263 of the Act. Assessment order cannot be revised on the ground that a deeper enquiry should have been made or proper exercise was not done while making the assessment there is no finding by the CIT that there is any loss of revenue and the impugned receipt was subject to tax in A.Y. 2004-05 - the order passed by the AO cannot be termed as erroneous or prejudicial to the interests of revenue so as to assume jurisdiction by the CIT u/s. 263 of the Act - The CIT having not brought on record any error or omission or failure on the part of the AO so as to make the assessment order erroneous or prejudicial to the interests of revenue, the order of the CIT passed u/s. 263 of the Act has no legs to stand thus, the order of the CIT set aside Decided in favour of Assessee.
Issues:
Jurisdiction of CIT u/s. 263 for re-examination of assessment order. Detailed Analysis: Issue 1: Jurisdiction of CIT u/s. 263 The appeal was against the order of the CIT-VI, Hyderabad for the assessment year 2003-04. The CIT directed the AO to redo the assessment de novo, focusing on the receipt of Rs. 10 lakhs by the assessee. The AO had added this amount as income from other sources during the original assessment. The Tribunal had set aside the CIT(A)'s order for fresh consideration. The AO, in the subsequent assessment, accepted the total income returned by the assessee. However, the CIT observed that the AO failed to understand the source of the total income and issued a show cause notice under section 263 to explain the assessment. Issue 2: Examination of Sale Consideration The CIT noted discrepancies in the sale consideration amount declared by the assessee. While the assessee claimed a total consideration of Rs. 63,42,000, the sale deed mentioned only Rs. 40,42,000. The CIT emphasized that the full value of consideration for property transfer should align with the sale deed or stamp registration authority values. The AO's failure to consider the Rs. 10 lakhs received as part of the sale consideration was deemed erroneous and prejudicial to revenue interests. Issue 3: AO's Assessment and CIT's Decision The CIT relied on legal precedents to establish that the AO's assessment was casual and mechanical, warranting revision under section 263. The CIT set aside the assessment order and directed a fresh assessment, ensuring proper examination of all details. The Tribunal, however, held that the AO's detailed enquiry and conclusion not to make additions for AY 2003-04 were justified. The Tribunal found that the AO had applied due diligence and there was no necessity for the CIT's intervention under section 263. In conclusion, the Tribunal allowed the appeal of the assessee, emphasizing that the AO's assessment was not erroneous or prejudicial to revenue interests. The order of the CIT under section 263 was canceled, affirming the decision of the AO.
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