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2018 (11) TMI 116 - AT - Income TaxRevision u/s 263 - no effort was made by AO to know the reasons for low net profit, no examination of the increase of unsecured loans and not verified the closing stock of finished goods as there were no supporting documents - Proof of AO s order to be erroneous and prejudicial to interest of revenue - Held that - It is not the Department s case that no information regarding the issues raised by the Pr. CIT was called for by the AO. It is undisputed that relevant details and documents were furnished by the assessee during the assessment proceedings and forms part of the record. Hence, no inference can be drawn that the AO has not examined the issue although he has not expressed it in as many terms as may be considered appropriate by his superior authority and even if the same is found to be inadequate the same cannot be a ground for revision. It is clear that an order cannot be termed as erroneous unless it is not in accordance with law. This section does not visualize a case of substitution of the judgment of the Commissioner for that of the AO. Therefore, it cannot be held that in the instant case the AO s order was erroneous and prejudicial to the interest of the revenue within the terms of section 263 of the Act - decided in favour of assessee.
Issues Involved:
1. Delay in filing the appeal. 2. Validity of the order passed under section 263 of the Income Tax Act, 1961. 3. Examination of the original assessment order's alleged errors. 4. Whether the Principal CIT's order was justified in setting aside the original assessment order. Issue-wise Detailed Analysis: 1. Delay in Filing the Appeal: The appellant submitted an application for condonation of a 58-day delay in filing the appeal, supported by an affidavit. The delay was attributed to the directors being out of the country and the authorized representative's unavailability due to personal reasons. The tribunal found the delay to be unintentional and condoned it, allowing the appeal for regular hearing. 2. Validity of the Order Passed Under Section 263 of the Income Tax Act, 1961: The Principal CIT issued a notice under section 263 on grounds that the Assessing Officer (AO) did not adequately examine the reasons for low net profit, the increase in unsecured loans, and the closing stock of finished goods. The tribunal emphasized that for jurisdiction under section 263, the order must be both erroneous and prejudicial to the interests of the revenue. The tribunal found that the AO had indeed made inquiries and the assessee had provided detailed explanations during the original assessment. Therefore, the tribunal concluded that the AO's order could not be deemed erroneous merely because the Principal CIT had a different opinion. 3. Examination of the Original Assessment Order's Alleged Errors: The tribunal reviewed the show cause notice and found no evidence that the AO failed to apply his mind. The assessee had furnished all necessary information, including books of accounts, confirmations, and bank statements during the original assessment. The tribunal cited several judicial precedents to support that an order cannot be termed erroneous if the AO has exercised his quasi-judicial power in accordance with law and arrived at a conclusion, even if the Principal CIT disagrees. 4. Whether the Principal CIT's Order Was Justified in Setting Aside the Original Assessment Order: The tribunal noted that the AO had made inquiries and the assessee had responded adequately. The Principal CIT's order was based on a different opinion rather than a lack of inquiry or erroneous application of law by the AO. The tribunal held that the Principal CIT cannot substitute his judgment for that of the AO unless the AO's decision is unsustainable in law. The tribunal found that the Principal CIT's action under section 263 was not justified and quashed the proceedings. Conclusion: The tribunal concluded that the original assessment order was neither erroneous nor prejudicial to the interests of the revenue. The proceedings under section 263 were quashed, and the appeal of the assessee was allowed. The order was pronounced in the Open Court on 19.09.2018.
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