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2016 (4) TMI 951 - HC - Income TaxRevision u/s 263 - allocation of administrative expenses - Held that - No finding had been given by the CIT under Section 263 of the Act as to how the debit of administrative expenses made in the profit and loss account of Unit No.1 prima facie resulted in excess profit in Unit No.II and how any of such expenses were relatable to Unit No.II. The CIT merely set aside the issue without finding any error in the assessment made by the Assessing Officer. The two conditions for invoking the provisions of Section 263 of the Act were not fulfilled i.e. firstly how debit of administrative expenses in the profit and loss account of Unit No.1 rendered the assessment as erroneous and secondly how the same was prejudicial to the interest of the revenue. - Decided in favour of assessee.
Issues Involved:
1. Delay in refiling the appeal. 2. Justification of the Tribunal in holding that the CIT erred in invoking Section 263 of the IT Act, 1961. 3. Observations regarding the administrative expenses debited to Unit I. 4. Eligibility for deduction under Section 80IB on fabrication charges. 5. Application of mind by the Assessing Officer during the assessment proceedings. Detailed Analysis: 1. Delay in refiling the appeal: The court condoned the delay in refiling the appeal without detailed discussion, indicating acceptance of the reasons provided for the delay. 2. Justification of the Tribunal in holding that the CIT erred in invoking Section 263 of the IT Act, 1961: The Tribunal held that the CIT had not provided a firm decision on how the administrative expenses debited to Unit I rendered the assessment erroneous and prejudicial to the interest of the revenue. The Tribunal emphasized that the CIT must establish both conditions for invoking Section 263: the assessment must be erroneous and prejudicial to the revenue. The Tribunal found that the CIT merely set aside the issue without identifying any specific error in the assessment made by the Assessing Officer. 3. Observations regarding the administrative expenses debited to Unit I: The Tribunal noted that the CIT did not provide a clear finding on how the administrative expenses of Rs. 9,77,010 debited to Unit I resulted in excess profit in Unit II. The CIT's observation that these expenses were "overall expenses" for the company as a whole was deemed insufficient. The Tribunal cited the case of CIT vs. Kanda Rice Mills, emphasizing that the CIT must come to a firm decision about the erroneous nature of the assessment. The Tribunal concluded that the CIT's approach lacked the necessary examination of records and precise opinion to justify the provisions of Section 263. 4. Eligibility for deduction under Section 80IB on fabrication charges: The Tribunal found the CIT's order unsustainable regarding the deduction under Section 80IB on fabrication charges of Rs. 62,28,012. The Tribunal highlighted that the assessee had been claiming this deduction since setting up the industrial undertaking and that such claims had been allowed in previous years. The Tribunal noted that the CIT failed to provide a cogent reasoning to deny the deduction and did not establish any error of fact or law. The Tribunal referenced the case of Taj Fireworks Industries, where job charges for manufacturing activities were deemed eligible for Section 80IB benefits. The Tribunal concluded that the CIT erred in invoking Section 263, especially since the Assessing Officer's view was one of the possible views. 5. Application of mind by the Assessing Officer during the assessment proceedings: The Tribunal observed that the Assessing Officer had applied due consideration while framing the assessment, contrary to the CIT's claim that specific issues were not discussed. The Tribunal emphasized that the CIT must provide clear reasoning and evidence when asserting that an assessment is erroneous and prejudicial to the revenue. The Tribunal found that the CIT did not fulfill this requirement, thereby rendering the invocation of Section 263 unsustainable. Conclusion: The High Court upheld the Tribunal's findings, concluding that the CIT did not provide sufficient grounds to invoke Section 263 of the IT Act. The court dismissed the appeal, affirming that the administrative expenses and the deduction under Section 80IB were correctly handled by the Assessing Officer. The substantial questions of law were answered against the revenue, and the appeal was dismissed.
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