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2015 (10) TMI 305 - AT - Income TaxRevision u/s 263 - payment of hire charges on mixtures and rollers - Held that - Adverting to the facts of the given case, we are convinced that this case was selected for scrutiny under CASS (Scheme) for a limited purpose. However, he has made his order u/s 143(3) after making necessary enquiries and investigation. The A.O. has taken one of the two possible view regarding TDS provisions. When the A.O. adopted one of the possible views, his order does not suffer from any error. Therefore, in view of the essence of precedents on the issue of revision u/s 263, the twin conditions the order is erroneous and prejudicial to the interest of revenue, don t co-exist in this case. Accordingly, we set aside the impugned revisional order and restore the assessment order. - Decided in favour of assessee.
Issues:
1. Revision of assessment order under section 263 of the Income Tax Act, 1961. 2. Determining if the order passed by the Assessing Officer was erroneous and prejudicial to the interests of revenue. 3. Application of legal principles regarding revision under section 263. Analysis: Issue 1: Revision of assessment order under section 263 The appeal was directed against the order of the Commissioner of Income-tax, Jodhpur, passed under section 263 of the Income Tax Act, 1961, for the assessment year 2009-10. The Commissioner revised the order and directed the Assessing Officer to make a fresh order after providing an opportunity of being heard to the assessee. Issue 2: Determining if the order passed by the Assessing Officer was erroneous and prejudicial to the interests of revenue The Commissioner invoked section 263 based on the failure of the assessee to deduct tax at source in accordance with Sec. 194I and S. 40(a)(ia) of the Act. The Commissioner found the order to be erroneous and prejudicial to the interest of revenue, leading to the revision. The assessee contended that the Assessing Officer had made a diligent enquiry regarding payment of hire charges, and the order was not erroneous. Issue 3: Application of legal principles regarding revision under section 263 The Tribunal analyzed the legal principles governing revision under section 263. It was emphasized that the CIT must establish both the existence of an error in the order and prejudice to the revenue. The Tribunal highlighted that the CIT's revisional power is not unfettered and must be exercised within the bounds of the law. The Tribunal outlined key principles, including the need for the CIT to have material on record to arrive at a satisfaction for invoking section 263. The Tribunal concluded that in the present case, since the Assessing Officer had taken one of the possible views regarding TDS provisions and had conducted necessary enquiries, the order was not erroneous. As the twin conditions of error and prejudice did not co-exist, the Tribunal set aside the revisional order and restored the original assessment order. The appeal of the assessee was allowed based on these findings. In summary, the Tribunal's decision focused on the application of legal principles under section 263, emphasizing the necessity for both error and prejudice to be present for revision. The Tribunal's analysis led to the restoration of the original assessment order in this case.
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