2018 (11) TMI 1873 - AT - Income Tax

Revisionary jurisdiction by the Commissioner u/s 263 - Assessment was completed under section 143(3) r.w.s. 153A of the Act after obtaining approval of Additional CIT under section 153D - HELD THAT - As decided in Dhariwal Industries Limited 2017 (1) TMI 260 - ITAT PUNE where the Assessing Officer had passed the order after obtaining necessary approval from Additional CIT under section 153D of the Act, then the Commissioner is precluded from exercising his revisionary power under section 263 of the Act and consequently, order passed by the Commissioner is both invalid and bad in law and the same is cancelled. The grounds of appeal raised by assessee are thus, allowed.

Summary

Issues:
Jurisdiction under section 263 of the Income-tax Act, 1961 based on completion of assessment under sections 143(3) r.w.s. 153A and 153C.

Detailed Analysis:
1. The appeals filed by different assesses challenged the orders of Pr.CIT-(Central), Pune related to assessment years 2009-10 to 2013-14 under sections 263/143(3) r.w.s. 153A of the Income-tax Act, 1961.
2. Five appeals pertained to one assessee, and two appeals were for a separate assessee.
3. The primary issue raised in the appeals was the assumption of jurisdiction by the Commissioner under section 263 of the Act.
4. The assessee in one appeal challenged the jurisdiction of the Commissioner under section 263. The contention was supported by citing a relevant order from the Pune Bench of Tribunal.
5. The Departmental Representative relied on the Commissioner's order under section 263.
6. After hearing both sides, it was noted that search and seizure operations were conducted, and the assessment was completed under sections 143(3) r.w.s. 153A of the Act.
7. The critical question was whether the Commissioner could invoke revisionary powers under section 263 when the assessment was completed after obtaining approval from the Additional CIT under section 153D of the Act.
8. Referring to a similar issue in Dhariwal Industries Limited Vs. CIT, the Tribunal held that the Commissioner could not exercise jurisdiction under section 263 when the assessment was completed with the approval of Additional CIT under section 153D.
9. Following the same reasoning, it was concluded that the Commissioner had no power to revise the order under section 263 in the present case, and the order passed was deemed invalid and bad in law.
10. The decision in one appeal was applied to other similar appeals.
11. In another appeal, where the assessment was completed under section 143(3) r.w.s. 153C, the Tribunal reiterated that the Commissioner's exercise of revisionary powers was incorrect and invalid as the assessment order had prior approval.
12. Consequently, all appeals of the assessee were allowed based on the above findings.

This detailed analysis of the judgment highlights the key issues surrounding the jurisdiction under section 263 of the Income-tax Act, 1961 and the impact of completing assessments under sections 143(3) r.w.s. 153A and 153C with the approval of the Additional CIT under section 153D. The Tribunal's decision emphasized the limitations on the Commissioner's revisionary powers in such cases, ensuring a fair and lawful application of the law.