2016 (10) TMI 428 - AT - Income Tax

Revision u/s 263 - non-deduction of TDS on salary and commission paid to directors and managers - insufficient enquiry - Held that - The impugned order passed by AO has been considered erroneous and prejudicial to the interest of revenue on the ground that proper verification was not carried out by AO at the time of framing original assessment. In the case of insufficient enquiry, the courts have decided the issue in favour of revenue, therefore, we deem it fit that the impugned order passed by AO failed to take into account several aspects as highlighted by the Ld. CIT in his impugned order u/s. 263 of the Act. - Decided against assessee

Summary

Issues:
1. Erroneous initiation of proceedings under section 263 of the Income Tax Act, 1961 for assessment year 2009-10.
2. Allegations of erroneous assessment order prejudicial to the interest of revenue.
3. Failure to meet conditions precedent for initiating proceedings under section 263.
4. Lack of proper scrutiny in various financial matters.
5. Setting aside of assessment order and direction for a fresh assessment.
6. Applicability of court decisions in directing a fresh assessment.
7. Justification of setting aside the assessment order after scrutiny and enquiry.

Issue 1:
The appeal challenges the arbitrary initiation of proceedings under section 263 of the Income Tax Act, 1961 for the assessment year 2009-10, questioning the validity of the notices issued by the Commissioner of Income Tax, Kolkata - I. The appellant contests the jurisdiction of the Commissioner in initiating these proceedings.

Issue 2:
The core contention revolves around the alleged erroneous assessment order passed by the Assessing Officer under section 143(3) of the Act, deemed prejudicial to the interest of revenue. The appellant disputes the findings of the Commissioner, arguing against the characterization of the assessment order as erroneous and challenging the basis for assuming jurisdiction under section 263.

Issue 3:
The appellant asserts that the conditions precedent for initiating proceedings under section 263 were not met or satisfied in the case, emphasizing the lack of justification for the Commissioner's actions. This issue questions the procedural compliance and legal requirements for invoking section 263.

Issue 4:
The appeal highlights the Commissioner's allegations of insufficient scrutiny and enquiry by the Assessing Officer in various financial matters, including tax deductions, income from investments, advances, expenses, and sales. The appellant contests the Commissioner's assertions of errors in these areas, questioning the basis for deeming the assessment order as prejudicial to revenue.

Issue 5:
A significant issue raised is the setting aside of the assessment order by the Commissioner, with directions for a fresh assessment after examining the case de novo. The appellant challenges this decision, arguing against the necessity and validity of such a directive, especially in light of the alleged errors in the original assessment order.

Issue 6:
The appeal questions the Commissioner's reliance on court decisions in directing a fresh assessment, contending that the cited precedents are either inapplicable or distinguishable from the facts and legal aspects of the present case. This issue delves into the legal basis and appropriateness of invoking court decisions in the Commissioner's actions.

Issue 7:
Lastly, the appellant challenges the justification provided by the Commissioner for setting aside the assessment order after purported scrutiny and enquiry on all raised matters and issues. This issue focuses on the adequacy and validity of the Commissioner's justifications for overturning the original assessment order.

In a detailed analysis, the judgment dismisses the appellant's appeal, upholding the Commissioner's decision under section 263 of the Income Tax Act, 1961. The tribunal finds that the original assessment order was indeed erroneous and prejudicial to the interest of revenue due to inadequate verification and scrutiny by the Assessing Officer. Citing legal precedents, including the judgment of the Hon'ble Delhi High Court, the tribunal emphasizes the duty of the Assessing Officer to conduct thorough inquiries and investigations to ascertain the accuracy of the facts presented in the return. The tribunal concludes that the Commissioner's decision to set aside the assessment order and direct a fresh assessment was justified, given the deficiencies in the original assessment process. As a result, the appellant's appeal is dismissed, affirming the Commissioner's actions under section 263.