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2019 (10) TMI 1435 - AT - Income TaxRevision u/s 263 - income earned from the Govt. of Maharashtra as an agent - HELD THAT - When the AO accepted the assessee is an agent and completed the assessment u/s 143(3) over the years, it means that the AO completed the assessment with one particular view, whereas Pr. CIT intends to correct the above view and presumed that the case of assessee falls under Article 289(1) and come to a conclusion that assessee is not comes under Article 289 and subjected to tax under Income Tax Act, therefore, in our view, this is another view in the case of assessee. Pr. CIT has adopted one possible view in the present case and the order passed by Pr. CIT u/s 263 of the Act is accordingly dismissed as assessment order may be prejudicial but not erroneous. Further, the main dispute arouse due to whether assessee is an agent or not. In the civil appeal, Hon ble high court held that assessee is an agent as per Section 113(3A) of MRTP Act. PCIT refused to consider this decision as it is not adjudicated under Income Tax Act. We cannot neglect the Hon ble high court findings, we have to accept the definition/ meanings by higher court and most of the time, meanings and definitions are adopted from other law or from wisdoms of higher courts in Income Tax proceedings. PCIT has taken a strange stand not to follow the Judicial precedents in order to defend his proceedings u/s 263. Accordingly order u/s 263 is set aside. When we observed from the submissions made by Ld. Sr. Counsel and the order passed by revenue authorities, we notice that remuneration for the assessee was fixed when the company was incorporated in 1970 and as per the resolution, the revenue was fixed for the first year at ₹ 3 lakhs and increased to ₹ 5 lakhs over next two years. The revenue was frozen at ₹ 5 lakhs and was fixed in the initial years and the same revenue was continued till date without any revision. This will definitely make any authority to raise their apprehension as the income offered by the assessee are not practical but legal. Therefore, assessee should take this issue with the Govt. of Maharashtra to revise the remuneration- Appeal filed by the assessee stands allowed.
Issues Involved:
1. Validity of the order passed by the Principal Commissioner of Income Tax (Pr. CIT) under section 263 of the Income Tax Act. 2. Jurisdictional conditions for assuming jurisdiction under section 263 of the Income Tax Act. 3. Whether the assessment order passed by the Assessing Officer (AO) was erroneous and prejudicial to the interest of the Revenue. 4. Determination of the Appellant's status as an agent of the Government of Maharashtra. Issue-wise Detailed Analysis: 1. Validity of the Order Passed by Pr. CIT under Section 263: The assessee challenged the validity of the order passed by Pr. CIT under section 263 of the Income Tax Act, arguing that it was contrary to the principles of natural justice. The assessee contended that the AO had followed the binding decision of the Jurisdictional High Court and the Jurisdictional Tribunal in the assessee's own case, and hence, the Pr. CIT did not have the jurisdiction to revise the AO's order. The Tribunal observed that the AO had completed the assessment by accepting the assessee as an agent of the State Government and that the income of the State could not be charged in the hands of the agent. The Tribunal concluded that Pr. CIT's order was invalid as it attempted to correct an assessment that was not erroneous but was based on one of the permissible views in law. 2. Jurisdictional Conditions for Assuming Jurisdiction under Section 263: The Tribunal examined whether the jurisdictional conditions for assuming jurisdiction under section 263 were fulfilled by Pr. CIT. It was noted that the Pr. CIT's order was based on the assumption that the assessee's income was taxable under the Income Tax Act, following the deletion of section 10(20A). However, the Tribunal found that the AO had completed the assessment by accepting the assessee as an agent of the State Government, which was a permissible view. The Tribunal held that when two views are possible, and the AO has taken one view, the Pr. CIT cannot invoke section 263 to correct the assessment merely because he disagrees with the AO's view. 3. Whether the Assessment Order Passed by the AO was Erroneous and Prejudicial to the Interest of the Revenue: The Pr. CIT considered the AO's order erroneous and prejudicial to the interest of the revenue because the AO did not take into consideration the income in respect of projects like Navi Mumbai and other projects. The Pr. CIT argued that the AO's order was erroneous as it did not follow the stand taken by the Department in the appeal pending before the High Court. The Tribunal, however, observed that the AO had completed the assessment by following the jurisdictional Tribunal's order, which had accepted the assessee as an agent of the State Government. The Tribunal concluded that the AO's order was not erroneous or prejudicial to the interest of the revenue, and hence, the Pr. CIT's invocation of section 263 was not justified. 4. Determination of the Appellant's Status as an Agent of the Government of Maharashtra: The assessee argued that it was an agent of the Government of Maharashtra, as per the resolutions passed by the Government and the provisions of the Maharashtra Regional and Town Planning Act (MRTP Act). The Tribunal noted that the Hon'ble High Court of Bombay, in the case of Percival Joseph Pareira, had held that the assessee was an agent of the Government of Maharashtra under section 113(3A) of the MRTP Act. The Tribunal observed that the Pr. CIT had rejected the assessee's contention by relying on the pending appeal before the High Court and had not followed the jurisdictional Tribunal's order. The Tribunal held that the AO had correctly accepted the assessee as an agent of the Government of Maharashtra and that the Pr. CIT's order under section 263 was not sustainable. Conclusion: The Tribunal allowed the appeal filed by the assessee, holding that the order passed by Pr. CIT under section 263 was invalid and not justified. The Tribunal emphasized that the AO had followed a permissible view in law by accepting the assessee as an agent of the Government of Maharashtra, and hence, the Pr. CIT could not invoke section 263 to revise the assessment. The Tribunal also directed the assessee to take up the issue of remuneration revision with the Government of Maharashtra, as the remuneration had remained unchanged since the company's incorporation.
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