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2017 (6) TMI 1120 - AT - Income TaxRevision u/s 263 - Held that - Commissioner invoked the provisions of section 263 of the Act as he was not satisfied with the assessment order passed by the Assessing Officer without making any inquiry himself and dismissing the explanation of the assessee without any reasoning and the Commissioner jumped to the conclusion that the Assessing Officer either failed to carry out any inquiry or the conclusion, which naturally flows on the facts and circumstances of the case, has not been drawn. This allegation in the notice as well as in the impugned order makes it clear that while issuing notice and invoking the provisions of section 263 even the Commissioner himself was not sure whether it is a case of no inquiry or inadequate inquiry. It is a well accepted proposition that if the Commissioner has ignored the exercise undertaken by the Assessing Officer during the assessment proceedings and without making any inquiry, dismissing the explanation of the assessee and jumped to the conclusion, that the Assessing Officer failed to carry out any inquiry, then these findings are not sustainable in the light of the ratio of the decision of the Hon ble Delhi High Court in the cases of Jyoti Foundation (2013 (7) TMI 483 - DELHI HIGH COURT) and D.G. Housing Projects Ltd. (2012 (3) TMI 227 - DELHI HIGH COURT ). Thus, we are inclined to hold that the Commissioner has wrongly invoked the provisions of section 263 of the Act for issuing notice and passing the impugned order. - Decided in favour of assessee.
Issues Involved:
1. Delay in filing appeals and condonation of delay. 2. Justification of the CIT's notice and order under section 263 of the Income Tax Act, 1961. 3. Examination of seized documents and their implications on the assessee's assessment. 4. Adequacy of inquiry conducted by the Assessing Officer (AO). Issue-wise Detailed Analysis: 1. Delay in Filing Appeals and Condonation of Delay: The appeals were delayed by 174 days. The appellant argued that they were unaware that an appeal could be filed against the CIT's order under section 263 and that their previous legal advisor did not inform them. Upon changing counsel, they were advised to file the appeal. The Tribunal noted the affidavit filed by the appellant's new counsel and referenced a similar case (Daya Ram Mittal) where a delay was condoned due to a bona fide belief that the appeal had been filed by the previous counsel. The Tribunal concluded that the appellant had shown a bona fide sufficient cause for the delay and condoned it, admitting the appeals for hearing on merits. 2. Justification of the CIT's Notice and Order Under Section 263: The CIT issued a notice under section 263, identifying that certain credit entries in the name of "Dimple" (allegedly an alias for the assessee) were not examined during the assessment. The CIT held the assessment order as erroneous and prejudicial to the revenue, directing the AO to re-examine the issue. The Tribunal, however, found that the CIT had not conducted any inquiry himself and relied solely on the statement of another assessee (Shri Ashok Mittal). The Tribunal emphasized that for section 263 to be invoked, the CIT must conduct necessary inquiries and provide a definite conclusion, which was not done in this case. 3. Examination of Seized Documents and Their Implications: The documents in question were found during a search operation at the premises of Shri Ashok Mittal and were related to R.D. Property Consultants. The CIT alleged that these documents, which included credit entries in the name of "Dimple," were not examined in the assessee's case. The Tribunal noted that the AO had issued summons and conducted inquiries regarding these documents during the assessment of Shri Ashok Mittal. The Settlement Commission had also reviewed these documents and found no adverse evidence against the assessee. Thus, the Tribunal concluded that sufficient inquiries had already been conducted. 4. Adequacy of Inquiry Conducted by the AO: The Tribunal highlighted that the AO had made inquiries during the assessment of Shri Ashok Mittal, including issuing summons and considering the special auditor's report. The CIT's order did not acknowledge these inquiries and failed to show how the AO's assessment was erroneous. The Tribunal referenced several judicial precedents, including the Hon'ble Supreme Court's decision in the case of Nirav Modi, which held that the CIT could not invoke section 263 for inadequate inquiry unless the order was ex-facie erroneous. The Tribunal concluded that the AO's inquiries were adequate, and the CIT's order under section 263 was not justified. Conclusion: The Tribunal quashed the CIT's order under section 263, holding that the AO had conducted sufficient inquiries, and the CIT had not provided a definite conclusion or conducted necessary inquiries himself. The appeals were partly allowed, and the consequential orders were quashed.
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