2022 (10) TMI 1228 - HC - Income Tax

Revision u/s 263 quashed by ITAT - revision initiated on failure of AO to completely verify the authenticity of other expenses - HELD THAT - Tribunal after going through the assessment file and the documents as well as the order sheet was of the opinion that the AO after going through the entire records was satisfied that the assessee had filed necessary details towards the amounts paid by them for transportation charges. Tribunal found that the AO had conducted enquiry by issuing notice under section 133(6) of the Act. Tribunal applied the decision of Max India Ltd., 2007 (11) TMI 12 - SUPREME COURT and allowed the appeal filed by the assessee. We find that the entire matter is factual and Tribunal has reappraised the factual position and was satisfied that the Assessing Officer did conduct an enquiry before completing the assessment. Thus, we find that the twin tests which are required to be fulfilled for invoking the power u/s 263 of the Act as laid down in the case of Malabar Industrial Co. Ltd. vs. CIT, 2000 (2) TMI 10 - SUPREME COURT do not stand fulfilled. Decided against revenue.

Summary

Issues:
1. Appeal against order under Section 260A of the Income Tax Act, 1961.
2. Quashing of order under section 263 due to failure of complete verification of expenses.
3. Verification of expenses under section 143(3) and adequacy of verification methods.

Analysis:
1. The appeal was filed by the revenue challenging the order passed by the Income Tax Appellate Tribunal for the assessment year 2015-16. The substantial questions of law raised included the correctness of quashing the order under section 263 due to incomplete verification of expenses totaling Rs.10,11,19,897.

2. The Tribunal found that the Assessing Officer had conducted an inquiry by issuing notices under section 133(6) of the Act and was satisfied with the details provided by the assessee regarding transportation charges. The Tribunal referenced the decision of the Supreme Court in Commissioner of Income Tax vs. Max India Ltd. and allowed the appeal filed by the assessee based on factual assessment.

3. The High Court noted that the Tribunal had reevaluated the factual position and confirmed that the Assessing Officer had indeed conducted an inquiry before finalizing the assessment. Referring to the tests laid down by the Supreme Court in Malabar Industrial Co. Ltd. vs. CIT, it was concluded that the conditions for invoking the power under section 263 were not met. Consequently, the Court found no substantial question of law for consideration and dismissed the appeal along with the stay application.

This judgment highlights the importance of thorough verification procedures by Assessing Officers under the Income Tax Act to ensure the accuracy and legitimacy of expenses claimed by taxpayers. The Court's decision underscores the significance of factual assessments and adherence to legal precedents in determining the validity of orders issued by tax authorities.