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2018 (4) TMI 635 - AT - Income TaxRevision u/s 263 - Held that - In the facts of the present case we find that the CIT has failed to address the replies of the assessee even after extracting them in the order and has passed a bald order without bringing out any error whatsoever let alone an error which can be said to be prejudicial to the interests of the revenue. On going through the Explanation 2 to section 263 of the act which has been inserted w.e.f. 01/06/2015 held that explanation cannot be said to have overridden the law as interpreted by various High courts and the High courts have consistently held that before reaching the conclusion that the order of the AO is erroneous and prejudicial to the interests of the revenue the Commissioner himself has to undertake some enquiry to establish that the assessment order is erroneous and prejudicial to the interests of the revenue. In the facts of the present case we find that no such exercise has been done. - Decided in favour of assessee.
Issues Involved:
1. Assumption of jurisdiction under section 263 of the Income Tax Act. 2. Adequacy of enquiry conducted by the Assessing Officer (AO). 3. Verification of sundry creditors. 4. Verification of property transactions and capital gains. 5. Verification of household expenses. 6. Verification of cash payments exceeding ?20,000. Issue-wise Detailed Analysis: 1. Assumption of Jurisdiction under Section 263: The assessee challenged the jurisdiction assumed by the Principal Commissioner of Income Tax (Pr.CIT) under section 263, arguing that the assessment order dated 27/03/2015 was neither erroneous nor prejudicial to the interest of the Revenue. The Pr.CIT must demonstrate that the enquiry was inadequate and provide specific findings, which was not done in this case. The tribunal observed that the Pr.CIT failed to meet statutory requirements by not pointing out specific errors or how the order was prejudicial to the interests of the Revenue. 2. Adequacy of Enquiry Conducted by the AO: The assessee contended that the AO had conducted thorough enquiries and considered all relevant materials before passing the assessment order. The tribunal noted that the Pr.CIT did not address the detailed submissions and evidence provided by the assessee, which demonstrated that the AO had indeed conducted the necessary enquiries. The tribunal emphasized that the Pr.CIT must conduct some minimum enquiries to establish that the AO's conclusion was erroneous and prejudicial to the Revenue's interests, which was not done. 3. Verification of Sundry Creditors: The Pr.CIT argued that the AO failed to independently verify the genuineness of sundry creditors and relied on the copies of accounts furnished by the assessee. The tribunal found that the AO had called for confirmed copies of accounts from sundry creditors and had made necessary enquiries. The Pr.CIT's failure to provide specific findings on how the AO's verification was inadequate led the tribunal to conclude that the Pr.CIT's order was not justified. 4. Verification of Property Transactions and Capital Gains: The Pr.CIT raised concerns about the AO's verification of property transactions and the claim of exemption under section 54F. The assessee provided detailed evidence, including calculation sheets of capital gains, purchase of unlisted equity shares, and returns filed with the Registrar of Companies. The tribunal found that the Pr.CIT did not conduct any further enquiry to upset the evidence provided and failed to demonstrate how the AO's verification was erroneous. 5. Verification of Household Expenses: The Pr.CIT noted that the AO did not verify the household expenses adequately. The assessee argued that the household expenses were justified by the income of family members, whose ITRs were available in the assessment file. The tribunal found that the Pr.CIT did not address the detailed submissions and evidence provided by the assessee, leading to the conclusion that the Pr.CIT's order was not justified. 6. Verification of Cash Payments Exceeding ?20,000: The Pr.CIT highlighted that the AO failed to investigate cash payments exceeding ?20,000. The assessee clarified that the payments related to different assessment years and provided supporting evidence. The tribunal observed that the Pr.CIT did not conduct any further enquiry to verify the evidence provided by the assessee and failed to demonstrate how the AO's verification was erroneous. Conclusion: The tribunal concluded that the Pr.CIT failed to point out specific errors or demonstrate how the AO's order was prejudicial to the interests of the Revenue. The law does not permit the exercise of revisionary powers for initiating fishing and roving enquiries. The tribunal emphasized that the Pr.CIT must conduct some minimum enquiries to establish that the assessment order is erroneous and prejudicial to the Revenue's interests. In the absence of such an exercise, the tribunal quashed the impugned order and allowed the appeal of the assessee.
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