2015 (6) TMI 398 - HC - Income Tax

Revision u/s 263 - Held that - Reading of the impugned order itself show that the Commissioner has passed the order on the issues specified finding that there was no application of mind by the Assessing Officer. In such circumstances, following judgment of this Court in Appollo Tyres Limited (2013 (10) TMI 1233 - KERALA HIGH COURT a), we confirm the order passed by the Tribunal confirming revision order of CIT(A) - Decided against revenue.

Summary

Issues:
Challenge against order of Income Tax Appellate Tribunal confirming Commissioner's order under Section 263 of Income Tax Act for assessment year 2005-2006.

Analysis:
The appeal was filed against the order of the Income Tax Appellate Tribunal, Cochin Bench, which upheld the Commissioner of Income Tax's order under Section 263 of the Income Tax Act for the assessment year 2005-2006. The Commissioner identified three issues not examined by the Assessing Officer, including lack of proper inquiry into fresh loans without confirmation letters and unverified quantitative details of yarn. The Appellate Tribunal confirmed most aspects of the Commissioner's order, except for expenses claimed on dividends on equity shares. The appellant challenged this order.

The appellant's Senior Counsel argued, citing a Delhi High Court judgment, that for an order under Section 263 to stand, the Commissioner must independently conclude the assessment order is erroneous after conducting necessary inquiries. However, referencing a Kerala High Court Division Bench judgment, it was noted that the absence of proper application of mind by the Assessing Officer can justify a Section 263 order.

The High Court examined the impugned order and found that the Commissioner based the order on the specified issues due to the lack of application of mind by the Assessing Officer. In line with the Kerala High Court's precedent in a similar case, the High Court upheld the Tribunal's decision. Consequently, the appeal was dismissed.