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2017 (10) TMI 932 - AT - Income TaxRevision u/s 263 - unexplained sources of cash deposits appearing in the bank accounts - Held that - A.O. didn t make any enquiry/verification of the sources of cash deposits appearing in the bank accounts, so the assessment order passed by him has become erroneous and pre-judicial to the interest of the Revenue. Accordingly, the Ld. Pr. CIT has rightly set-aside the assessment order dated 12.08.2013 passed by the A.O. in this case and directs the A.O. to do the assessment afresh after considering all the facts/issues discussed above. Further the A.O. was also directed to allow reasonable opportunities of being heard to the assessee before passing the assessment order in this case, vide order dated 04.02.2016 passed u/s. 263(1) of the Act. AO was found to be erroneous and prejudicial to the interest of revenue since at the time of the assessment the AO was duty bound to call for such details and examine/ verify them. We also find that in the case of M/s Malabar Industries 2000 (2) TMI 10 - SUPREME Court the Hon ble Apex Court has held that incorrect assumption of facts or incorrect application of law will satisfy the requirement of the order being erroneous. We further note that in the same category fall order passed without applying the principles of natural justice or without application of mind. We are of the view that it is incumbent on the officer to investigate the facts stated in the return, when circumstances would make such an enquiry prudent and the word erroneous in section 263 includes the failure to make such an inquiry. The order becomes erroneous because such an inquiry has not been made and not because there is anything wrong with the order if all the facts stated there are assumed to be correct. - Decided against assessee.
Issues Involved:
1. Legality and validity of the proceedings initiated under Section 263 of the Income Tax Act. 2. Whether the original assessment order dated 12.08.2013 was erroneous and prejudicial to the interest of the revenue. 3. Adequacy of the Assessing Officer's (AO) verification of the sources of cash deposits in the assessee's bank accounts. Detailed Analysis: Issue 1: Legality and Validity of Proceedings under Section 263 The appeal was filed by the assessee against the order dated 04.02.2016 passed by the Principal Commissioner of Income Tax (Pr. CIT) under Section 263 of the Income Tax Act, 1961. The assessee contended that the proceedings initiated under Section 263 were illegal and unwarranted. The Pr. CIT had issued a notice under Section 263 on 28.12.2015, citing that the AO did not make any verification of the sources of cash deposits appearing in the bank accounts, thus rendering the assessment order erroneous and prejudicial to the interest of the revenue. Issue 2: Erroneous and Prejudicial Nature of the Original Assessment Order The original assessment order dated 12.08.2013 accepted the returned income of ?1,59,800/- without proper verification of the sources of substantial cash deposits amounting to approximately ?57.39 lakhs in the assessee's bank accounts. The Pr. CIT observed that the AO did not conduct any verification or inquiry into the sources of these deposits, making the order erroneous and prejudicial to the interest of the revenue. The Pr. CIT's order set aside the original assessment and directed the AO to conduct a fresh assessment with proper verification. Issue 3: Adequacy of AO's Verification of Cash Deposits The AO's assessment noted that the assessee had income from agriculture and the sale of milk, but did not adequately verify the sources of the cash deposits. The assessee claimed to have sold agricultural land and provided some explanation for the cash deposits. However, the Pr. CIT found discrepancies and gaps in the dates and amounts of deposits that were not satisfactorily explained by the assessee. For instance, the sale proceeds from agricultural land were not deposited in the bank accounts as claimed. The AO failed to match the dates and amounts of cash deposits with the claimed sources, such as sale of agricultural produce, sale of land, and bank withdrawals. The Pr. CIT, invoking Explanation 2 to Section 263(1), which states that an order passed without making necessary inquiries or verification is deemed to be erroneous and prejudicial to the interest of the revenue, directed a fresh assessment. The Tribunal upheld the Pr. CIT's decision, emphasizing that the AO's lack of inquiry and verification rendered the original assessment order erroneous. Conclusion The Tribunal concluded that the AO's failure to verify the sources of cash deposits made the original assessment order erroneous and prejudicial to the interest of the revenue. The Pr. CIT's order under Section 263 was upheld, directing the AO to conduct a fresh assessment with proper verification. The appeal filed by the assessee was dismissed. The judgment reinforced the principle that an assessment order lacking proper inquiry and verification can be revised under Section 263 to protect the interest of the revenue.
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