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2015 (9) TMI 443 - AT - Income TaxRevision u/s 263 - disallowance u/s. 40(a)(ia) and u/s. 40A(3) made by AO - Held that - As from the material on record, it is clear that the AO made enquiries on the very same issues during the course of assessment proceedings and merely because, the returned income is lower, the assessment order cannot be termed as erroneous. It is only after the examination of detailed information filed during the course of assessment proceedings that assessment order came to be passed. It is not a case of lack of enquiry. It is for the AO where to stop the enquiry. It is only in the case of nonenquiry, the jurisdiction u/s. 263 can be exercised by the Commissioner. We notice that the Ld.AO after duly considering the explanation and information filed in response to the questionnaire on various issues, on being satisfied with such explanation chose not to make any further enquiry. Endless enquiry is not possible and it is for the Ld.AO to decide when to end the enquiry. The Ld.CIT cannot transgress the jurisdiction u/s. 263 of the Act by mentioning that no proper enquiry was made. See Rishi Kumar Gupta Vs. CIT 2004 (2) TMI 270 - ITAT AGRA The fact that the AO issued the questionnaire on several issues and the assessee had responded to the same by filing the information and on consideration of replies from the assessee, the AO held that an amount of ₹ 23,137/- u/s. 40(a)(ia) and an amount of ₹ 1,42,650/- u/s. 40A(3) of the Act held to be disallowable, goes to prove that the AO had applied his mind while passing the assessment order and therefore, we hold that the Ld.CIT is not correct in exercising the jurisdiction in the present case under the provisions of Section 263 - Decided in favour of assessee.
Issues Involved:
1. Validity of the Commissioner of Income Tax's (CIT) order under Section 263 of the Income Tax Act. 2. Examination of the trading account and specific financial transactions. 3. Applicability of Section 40(a)(ia) concerning freight charges. 4. Applicability of Section 269SS concerning unsecured loans. 5. Examination of cash withdrawals and applicability of Section 14A. Detailed Analysis: 1. Validity of CIT's Order Under Section 263: The primary issue was whether the CIT's order under Section 263, which set aside the assessment order for being "erroneous and prejudicial to the interests of revenue," was valid. The CIT argued that the Assessing Officer (AO) failed to conduct proper inquiries on several financial aspects, thereby justifying the revision under Section 263. 2. Examination of the Trading Account and Specific Financial Transactions: The CIT noted that the AO did not examine the reason for the fall in gross profit compared to the previous year, the opening stock of OST Toor Dal, and other specific financial transactions. The assessee contended that the AO had accepted the books of accounts and that variations in gross profit were due to the nature of the business. The CIT found the explanations vague and not in accordance with accounting principles, concluding that the AO's lack of detailed examination rendered the assessment order erroneous. 3. Applicability of Section 40(a)(ia) Concerning Freight Charges: The CIT observed that the AO did not verify the freight charges of Rs. 7,02,060/- with reference to Section 40(a)(ia) of the Act. The assessee argued that the freight charges were for local dispatches and did not exceed the prescribed limits, thus not attracting Section 40(a)(ia). However, the CIT found the vouchers insufficient to verify the genuineness of the claims and concluded that the AO failed to properly examine this issue. 4. Applicability of Section 269SS Concerning Unsecured Loans: The CIT noted that the AO did not verify whether the unsecured loans were received through account payee cheques and did not apply Section 269SS. The assessee claimed these were gifts from relatives, but the CIT found the explanations vague and noted that the confirmation letters lacked essential details. The CIT concluded that the AO failed to apply the provisions of Sections 68 and 269SS properly. 5. Examination of Cash Withdrawals and Applicability of Section 14A: The CIT observed that the AO did not verify the purpose of cash withdrawals amounting to Rs. 18,80,200/- and the applicability of Section 14A. The assessee argued that the withdrawals were for business expenses and within permissible limits. The CIT concluded that the AO failed to examine the purpose and applicability of Section 14A properly. Tribunal's Decision: The Tribunal found that the AO had indeed made inquiries on the issues raised by the CIT during the assessment proceedings, as evidenced by the material on record. The AO had issued a questionnaire and received responses from the assessee, which he considered before passing the assessment order. The Tribunal held that merely because the AO did not document every detail in the assessment order, it could not be concluded that there was a lack of inquiry. The Tribunal emphasized that the AO's decision on when to conclude an inquiry is a matter of judgment, and endless inquiries are not feasible. The Tribunal cited several judgments, including those from the Delhi High Court and the Bombay High Court, to support the principle that if an AO has made inquiries and applied his mind, the CIT cannot invoke Section 263 merely because he has a different opinion. The Tribunal concluded that the AO's order was neither erroneous nor prejudicial to the interests of the revenue and that the CIT's invocation of Section 263 was not justified. Conclusion: The appeal filed by the assessee was allowed, and the CIT's order under Section 263 was set aside. The Tribunal held that the AO had conducted sufficient inquiries and applied his mind to the issues, and therefore, the assessment order was valid.
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