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2016 (1) TMI 863 - AT - Income TaxRevision u/s 263 - as per CIT(A) Assessing Officer under section 143(3) allowing the claim of the assessee in considering peak credit on the cash deposits is without application of mind - Held that - In the instant case, the Assessing Officer neither examined any details with regard to the request of the assessee to adopt peak credit nor made any enquiry before allowing such claim of the assessee while completing the assessment. Therefore, in view of the above discussion, we are of the view that the order passed by the Assessing Officer under section 143(3) allowing the claim of the assessee in considering peak credit on the cash deposits is without application of mind and without examining the correct position of law and therefore is certainly an order passed erroneously and prejudicial to the interests of the Revenue. Therefore, the Commissioner of Income Tax had rightly invoked the provisions under section 263 of the Act directing the Assessing Officer to redo the assessment under section 143(3) of the Act afresh. Accordingly, we uphold the impugned order of the Commissioner of Income Tax and reject the grounds of appeal raised by the assessee. - Decided against assessee
Issues Involved:
1. Jurisdiction under Section 263 of the Income Tax Act. 2. Proper explanation and evidence for cash deposits. 3. Assessment order passed under Section 143(3) of the Income Tax Act. 4. Erroneous and prejudicial order to the interests of the Revenue. 5. Adequacy of enquiries made by the Assessing Officer. Issue-wise Detailed Analysis: 1. Jurisdiction under Section 263 of the Income Tax Act: The appeal was filed by the assessee against the order of the Commissioner of Income Tax (CIT) under Section 263 of the Income Tax Act, 1961, for the assessment year 2009-10. The crux of the issue was that the CIT erred in assuming jurisdiction under Section 263 and consequently erred in passing a revision order setting aside the original assessment framed by the Assessing Officer (AO) under Section 143(3) of the Act on 29.12.2011. 2. Proper Explanation and Evidence for Cash Deposits: The assessee, engaging in the money lending business, filed a return of income admitting an income of Rs. 63,830/-. The assessment was completed under Section 143(3) determining the income at Rs. 62,96,560/- by making additions under Sections 68/69 of the Act. The CIT issued a notice under Section 263 stating that the AO had taken peak credit of cash deposits without giving reasons or obtaining necessary evidence. The CIT noted that the benefit of peak credit can be given only when the recycling of funds is proved by the assessee. 3. Assessment Order Passed under Section 143(3) of the Income Tax Act: The AO had completed the assessment by accepting the oral submissions made by the Authorized Representative of the assessee without proper enquiry. The assessee had not included the savings bank account in the balance sheet and had missed reporting transactions relating to cash deposits in excess of Rs. 10,00,000/-. The assessee claimed that he was not in possession of any documentary evidence due to business ethics and unwritten understandings with parties. 4. Erroneous and Prejudicial Order to the Interests of the Revenue: The CIT held that the AO's order was erroneous and prejudicial to the interests of the Revenue as the AO had completed the assessment proceedings without proper enquiry and investigation. The CIT directed the AO to redo the assessment de novo. The CIT observed that the assessee's claims were contradictory and that the AO had accepted oral statements without supporting evidence. 5. Adequacy of Enquiries Made by the Assessing Officer: The Tribunal agreed with the CIT's view that the AO had not made any enquiries regarding the cash deposits. The assessee had not furnished any details in respect of these deposits, and the AO had simply accepted the request to adopt peak credit without examining the nature of the deposits. The Tribunal cited the Supreme Court's decision in Malabar Industrial Co. Ltd. vs. CIT, which held that orders passed without applying the principles of natural justice or without application of mind are erroneous. The Tribunal also referred to the Hon'ble Allahabad High Court's decision in Mannulal Matadeen vs. CIT, which held that the Income Tax Officer's failure to make necessary enquiries before allowing deductions was erroneous and prejudicial to the Revenue. Conclusion: The Tribunal upheld the CIT's order under Section 263, directing the AO to redo the assessment under Section 143(3) afresh, as the AO had not applied his mind or examined the correct position of law. The appeal of the assessee was dismissed. Order Pronounced: The order was pronounced in the open court on 6th November, 2015.
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