2009 (8) TMI 18 - HC - Income Tax

Order u/s 263 originally assessment order was passed u/s 143(3) thereafter thereafter order of ratification under Section 154 CIT(A) in exercise of its power under Section 263 of the Act, cancelled the order of assessment and directed making of assessment de novo ITAT held that CIT(A) was not justified in invoking its jurisdiction under Section 263 of the Act, as the Assessing Officer had duly applied his mind, made inquiries and examined the accounts Held that - Tribunal rightly held that power under Section 263 of the Act could be exercised where view taken by an Assessing Officer was erroneous. While exercising such power, the Commissioner was bound to take into account all relevant facts. If order invoking the said power proceeds on an erroneous assumption, the same could be set aside by the Tribunal. Finding of the Tribunal is not shown to be perverse

Summary

Issues:
1. Jurisdiction of CIT(A) under Section 263 of the Income Tax Act, 1961.
2. Assessment of share application money and unsecured loan from Shri Pramod Khurana.

Jurisdiction of CIT(A) under Section 263:
The case involved an appeal by the Revenue under Section 260A of the Income Tax Act against the order of the Income Tax Appellate Tribunal regarding the jurisdiction of the Commissioner of Income Tax (CIT) under Section 263. The CIT had cancelled the order of assessment and directed a de novo assessment, which was challenged by the Revenue. The Tribunal held that the CIT was not justified in invoking its jurisdiction under Section 263 as the Assessing Officer had applied his mind, made inquiries, and examined the accounts thoroughly. The Tribunal found that the AO had made specific queries regarding the share application money and unsecured loan, and the assessee had provided detailed responses and confirmations. The Tribunal concluded that the CIT's order was not based on a proper examination of the record and that the AO had indeed applied his mind. Therefore, the Tribunal upheld the original assessment and dismissed the appeal, stating that no substantial question of law arose.

Assessment of Share Application Money and Unsecured Loan:
Regarding the assessment of share application money and unsecured loan from Shri Pramod Khurana, the Revenue argued that the CIT was right in holding that the share capital had increased during the assessment order, and the assessee had failed to produce the necessary documents. The Revenue contended that the AO should have drawn adverse inferences from the lack of documentation. However, the Tribunal found that the assessee had provided proper explanations and confirmations for both the share application money and the unsecured loan. The Tribunal emphasized that the AO had examined the material presented before him and had not overlooked any relevant details. Therefore, the Tribunal concluded that the power exercised by the CIT under Section 263 was not justified in this case. The Tribunal upheld the original assessment and dismissed the appeal, stating that the CIT's order was based on erroneous assumptions and did not consider all relevant facts.

In conclusion, the High Court upheld the Tribunal's decision, emphasizing that the CIT's jurisdiction under Section 263 should be exercised judiciously and based on a proper examination of all relevant facts. The Court found that in this case, the AO had duly applied his mind and considered the explanations and confirmations provided by the assessee. As a result, the Court dismissed the appeal by the Revenue, stating that no substantial question of law arose from the Tribunal's findings.