2019 (2) TMI 1804 - AT - Income Tax

Revision u/s 263 - Assessment u/s 153A - claim of interest expenses against interest income - HELD THAT - In this case assessee has shown has to have received 42, 11, 011/- as interest income in the year under consideration and has also claimed interest expenditure of 57, 37, 042/- resulting into declaration of loss of 15, 26, 031/- under the head Income from Other Sources . We can see in this case during search no incriminating material was found and ld. A.O. made adequate enquiry in this case. In this case assessee cannot be branded as erroneous as there has been inquiry with regard to claims made and mere inadequacy cannot ground for taking action u/s. 263 of the Income Tax Act. A.R. also cited a case of Pr. CIT Vs. Saumya Construction Pvt.Ltd. 2016 (7) TMI 911 - GUJARAT HIGH COURT wherein has been held that assessment u/s. 153A relation to material disclosed during search or requisition; if no incriminating material is found during search no addition can be made on basis of material collected after search. We allow both the appeal of the Assessee.

Summary

Issues:
1. Whether the assessment order passed by the Ld. A.O. u/s. 153A r.w.s. 143(3) dated 29.02.2016 is erroneous and prejudicial to the interest of revenue justifying the invocation of powers u/s. 263?
2. Whether the impugned assessment order sought to be revised u/s. 263 is beyond the scope of assessment of undisclosed income based on incriminating documents/material?
3. Whether the direction of enquiry and verification by the Ld. Pr. CIT is beyond the powers vested u/s 153A r.w.s. 143(3) and u/s. 263 of the I.T. Act, 1961?

Analysis:

Issue 1:
The Assessee challenged the order of the Ld. Pr. CIT, arguing that the assessment order passed by the Ld. A.O. was not erroneous or prejudicial to the revenue's interest. The Assessee claimed interest expenses against interest income, resulting in a loss. However, the A.O. failed to establish a clear nexus between the borrowed funds and their utilization for earning interest income, leading to erroneous allowance of the interest expenditure. The Ld. Pr. CIT held the assessment order as erroneous and prejudicial to the revenue's interest.

Issue 2:
The Assessee contended that the impugned assessment order was passed under section 153A r.w.s. 143(3) for undisclosed income based on incriminating documents, and thus, the direction to re-verify expenses was beyond the assessment's scope. The Assessee argued that no incriminating material was found related to the expenses, making the revision under section 263 unwarranted. However, the Ld. Pr. CIT found the assessment order to be erroneous and prejudicial to the revenue.

Issue 3:
The Assessee further challenged the direction of enquiry and verification by the Ld. Pr. CIT, claiming it exceeded the powers vested under section 153A r.w.s. 143(3) and section 263 of the I.T. Act, 1961. The Assessee argued that adequate inquiries were conducted by the A.O., and no incriminating material was discovered during the search. Citing relevant case laws, the Assessee emphasized that the assessment could not be reopened for further inquiries under section 263. The Tribunal allowed both appeals of the Assessee, emphasizing the importance of incriminating material for making additions post-search under section 153A.

This detailed analysis of the judgment provides insights into the issues raised by the Assessee and the findings of the Ld. Pr. CIT, culminating in the Tribunal's decision in favor of the Assessee based on the legal arguments and precedents cited during the proceedings.