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2016 (1) TMI 1469 - AT - Income TaxRevision u/s 263 by CIT - Assessment u/s 153C - assessee had sold two pieces of land at Hydernagar and different rates were adopted in both the sales though there was not much of time gap between the two dates of sale - huge variation in the market value of the land though the lands are situated in the same locality and no reason for such variation is forthcoming from the assessment order - A.O. has not verified this issue while passing the assessment order under section 143(3) read with section 153C and hence, held that the assessment order is both erroneous in so far as it is prejudicial to the interests of the Revenue - HELD THAT - As revision proceedings have been initiated at the behest of the A.O. and not independently by the Ld. CIT because the proposal was sent to the Ld. CIT by the Assessing Officer. This issue has been considered in the case of M/s. Aashi Plywood Industries Ltd., Hyderabad 2016 (1) TMI 176 - ITAT HYDERABAD wherein held that except for some cosmetic charges, the reasons are adopted verbatim by the CIT. In these circumstances, revision orders passed by the Ld. CIT are not maintainable for want of valid initiation of the proceedings under section 263 - we thus hold that the revision proceedings under section 263 of the I.T. Act are not sustainable - Decided in favour of assessee.
Issues Involved:
1. Validity of assessment orders under section 143(3) read with section 153C of the I.T. Act. 2. Legitimacy of revision orders under section 263 of the I.T. Act. 3. Jurisdiction of the CIT under section 263. 4. Application of mind by the CIT in initiating revision proceedings. 5. Impact of prior approval of JCIT under section 153D on revisional proceedings under section 263. Detailed Analysis: 1. Validity of Assessment Orders under Section 143(3) read with Section 153C of the I.T. Act: The appeals arise from assessments made under section 143(3) read with section 153C, following a search operation on M/s. MBS Jewelers P. Ltd. on 11.03.2010. Documents related to the assessees were found, leading to the issuance of notices under section 153C. The assessments were completed considering capital gains from land transfers. The Assessing Officer (A.O.) held that the capital gains should be assessed in the hands of the assessees on a protective basis. 2. Legitimacy of Revision Orders under Section 263 of the I.T. Act: The CIT examined the assessment records and found discrepancies in the valuation of land sold by the assessees, leading to the conclusion that the assessment orders were erroneous and prejudicial to the interests of the Revenue. Consequently, the CIT directed the A.O. to re-examine the capital gains issue. The assessees appealed against this order, challenging the jurisdiction and the merits of the CIT's directions. 3. Jurisdiction of the CIT under Section 263: The assessees argued that the CIT's order under section 263 was invalid due to the lack of satisfaction recorded by the A.O. regarding the incriminating material found during the search. They contended that the CIT had not independently applied his mind but acted on the A.O.'s proposal, which was evident from the simultaneous issuance of the proposal and the notice under section 263. 4. Application of Mind by the CIT in Initiating Revision Proceedings: The Tribunal found that the CIT had initiated revision proceedings based on the A.O.'s proposal without independent application of mind. The Tribunal referred to the case of Dharmendra Kumar Bansal vs. CIT, where it was held that revision proceedings initiated based on an A.O.'s proposal without the CIT's independent satisfaction were void ab initio. The Tribunal observed that the CIT had adopted the A.O.'s reasons verbatim, indicating a lack of independent examination. 5. Impact of Prior Approval of JCIT under Section 153D on Revisional Proceedings under Section 263: The assessees argued that the CIT could not initiate revision proceedings under section 263 without revising the directions given by the Addl. CIT under section 153D. The Tribunal agreed, citing its decision in the case of M/s. Trinity Infra Ventures Ltd., where it was held that 263 proceedings could not be initiated without revising the Addl. CIT's directions under section 153D. Conclusion: The Tribunal concluded that the revision orders under section 263 were not maintainable due to the lack of independent application of mind by the CIT and the invalid initiation of proceedings based on the A.O.'s proposal. Consequently, the additional grounds of appeal regarding the jurisdiction of the CIT were allowed, rendering the other grounds of appeal academic. The appeals were partly allowed, and the revision orders under section 263 were quashed.
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