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2016 (6) TMI 86 - AT - Income TaxInvoking powers u/s. 263 by CIT against claiming deduction u/s. 80P - Held that - From the facts of the case it is apparent that the ld. Principal CIT has invoked his powers u/s. 263 because the identical issue was pending before the Hon ble Chennai High Court though the same was decided in favour of the assessee by this Bench of the Tribunal and also by other the higher judiciary. In these circumstances, it can be only considered, as another possible view on the issue. In the case of CIT vs Greenworld Corporation, reported in 2009 (5) TMI 14 - SUPREME COURT OF INDIA it has been categorically held that the order of the learned Assessing Officer cannot be interfered only for the reason that another view is possible while invoking the powers U/s.263 of the Act by the learned CIT. Relying on the above decision of the Hon ble Apex Court, we are of the considered view that the ld. Principal CIT is not justified in invoking the powers U/s. 263 of the Act in the relevant case before us. Therefore, we hereby quash the order passed by the ld. Principal CIT. - Decided in favour of assessee
Issues:
1. Invocation of Section 263 for disallowing deduction U/s. 80P 2. Disallowance of provision for maintenance expenditure Analysis: Issue 1: Invocation of Section 263 for disallowing deduction U/s. 80P The case involved an appeal against the order of the Principal Commissioner of Income-tax invoking Section 263 of the Income-tax Act, 1961. The dispute primarily centered around the eligibility of the assessee, a Cooperative Society, for deduction U/s. 80P. The Principal CIT contended that the deduction was wrongly allowed as the society used power for processing tea, making it ineligible for the exemption. The CIT observed that the assessee's members were classified into Class A and B, with voting and non-voting power, respectively. The Principal CIT relied on the argument that the Department had filed an appeal against a Tribunal decision favoring the assessee, thus necessitating the invocation of Section 263. The CIT further emphasized that the processing of tea did not fall under the purview of agricultural produce, thereby disallowing the deduction U/s. 80P. The assessee argued that the Principal CIT's invocation of Section 263 was unjustified as the issue had been previously decided in favor of the assessee by higher judiciary bodies. The Tribunal, after considering the submissions, noted that the Principal CIT's decision was based on the pendency of a similar issue before the High Court, despite favorable decisions by the Tribunal and other higher authorities. Citing the precedent set by the Hon'ble Apex Court in CIT vs. Greenworld Corporation, the Tribunal held that the Principal CIT's invocation of Section 263 was unwarranted merely on the basis of a possible differing view. Consequently, the Tribunal quashed the Principal CIT's order, allowing the assessee's appeal and upholding the decision in favor of the assessee regarding the deduction U/s. 80P. Issue 2: Disallowance of provision for maintenance expenditure The assessee had also raised a ground regarding the disallowance of maintenance expenditure amounting to ?6 lakhs. However, the assessee's representative did not press this ground during the proceedings, leading to its dismissal. Consequently, the Tribunal focused solely on the primary issue concerning the invocation of Section 263 for disallowing the deduction U/s. 80P, as the maintenance expenditure issue was no longer under consideration. In conclusion, the Tribunal's detailed analysis and application of legal principles led to the quashing of the Principal CIT's order, thereby allowing the assessee's appeal and upholding the deduction U/s. 80P. The judgment underscored the importance of legal precedents and the necessity for justifying the invocation of Section 263 based on substantial grounds rather than mere possibilities of differing views.
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