9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (11) TMI 1176 - AT - Income TaxRevision u/s 263 - valuation of the plot by DVO u/s 55A((b)(ii)- Held that - As observed by us that the assessment was framed subject to valuation by the DVO. This, by itself is a deficiency in the order under section 143(3). The proposal was received by the CIT from the AO, which clearly means that there has been no independent application of mind by the CIT - Since the proceedings got in the infirmity zone at the first stage, it is not necessary for us to proceed further on merits. - Decided in favour of assessee.
Issues:
1. Revision of assessment order under section 263 of the Income Tax Act. 2. Delay in filing the appeal and prayer for condonation of delay. 3. Grounds for appeal against the order of the CIT. 4. Deficiency in the assessment order under section 143(3). 5. Lack of independent application of mind by the CIT in initiating revision proceedings. Revision of Assessment Order under Section 263: The appeal was filed against the order of CIT-22, Mumbai, passed under section 263 of the Income Tax Act. The case involved the sale of a plot, with valuation discrepancies leading to the initiation of revision proceedings by the CIT. The AO's proposal highlighted the need for re-computation of capital gains due to valuation differences. The CIT set aside the original assessment order and directed a fresh assessment. The delay in filing the appeal was addressed through an affidavit seeking condonation based on lack of understanding of the importance of the CIT's order. Delay in Filing Appeal and Condonation: The delay of 285 days in filing the appeal was explained by the appellant, citing the need for professional advice due to a substantial demand imposed post the revised assessment order. The appellant's plea for condonation of delay was supported by legal references emphasizing substantial justice over technical considerations. The Tribunal, after considering both parties' arguments, condoned the delay and proceeded with the appeal. Grounds for Appeal Against CIT's Order: The appellant raised multiple grounds for appeal, challenging the legality of the revision under section 263. The grounds included contentions about the correctness of the assessment order, lack of establishment of error by the AO, and misapplication of section 55A(b)(ii) regarding the DVO's report. The Tribunal found deficiencies in the CIT's application of mind and the initiation of revision proceedings based on the AO's proposal, leading to the annulment of subsequent proceedings. Deficiency in Assessment Order: The Tribunal noted deficiencies in the original assessment order under section 143(3) due to reliance on DVO's valuation without independent application of mind by the CIT. The proposal for revision came from the AO, indicating a lack of proper initiation by the CIT as required by section 263(1). This procedural flaw led the Tribunal to conclude that the proceedings were flawed from the outset, rendering further examination unnecessary. Lack of Independent Application of Mind by CIT: The Tribunal emphasized the importance of strict adherence to legal provisions and the necessity for both sides to benefit from enacted laws. Citing legal precedents, the Tribunal highlighted the duty to deliver justice when substantial justice and technical considerations conflict. The lack of independent application of mind by the CIT in initiating revision proceedings based on the AO's proposal was deemed a procedural flaw, leading to the allowance of the appeal and annulment of subsequent proceedings. This detailed analysis covers the issues involved in the legal judgment comprehensively, addressing the revision of the assessment order, the delay in filing the appeal, grounds for appeal, deficiencies in the assessment order, and the lack of independent application of mind by the CIT.
|
