2019 (3) TMI 899 - HC - Income Tax

Scope of CIT in Revision u/s 263 - Restricted to issues raised in SCN or can enlarge the scope- Whether the Tribunal was justified in holding that the CIT had passed an order which was not covered by the grounds mentioned in the notice under Section 263 - CIT issued SCN on four issues but while passing direction to AO under section 263 enlarge the scope of inquiry to entire Sundry Creditors and also estimate net profit at the rate of ₹ 5% of gross turn over of the Assessee which was not the part of SCN Tribunal has recorded a finding of fact that revision u/s 263 of the Act can only be passed on the ground on which assessee has been given reasonable opportunity of being heard in the notice u/s 263 of the Act and it is not allowable and open to the CIT to set out one reason for revising the assessment order but actually revising the assessment order on some other ground in addition to grounds which found place in the notice u/s 263 of the Act, by passing final order u/s 263 of the Act. We may further point out that the AO did not make any addition on any one out of four issues, which were raised and pointed out in the notice u/s 263 Accepting the above finding of recorded by the Tribunal, High Court HELD THAT no substance in the present appeal which gives arise to substantial question of law and, hence, the appeal is dismissed - The question of law is answered in favour of the respondent-assessee and against the department.

Summary

Issues:
Appeal under Section 260-A of the Income Tax Act against Tribunal's order - Validity of order under Section 263 - Proper examination of claims by Assessing Authority - Allegations of unexplained credits and inadequate inquiries - Tribunal's decision to set aside CIT's order under Section 263.

Analysis:
The appeal before the High Court was filed under Section 260-A of the Income Tax Act challenging the Tribunal's order dated 30th March, 2015 in relation to the assessment year 2008-09. The substantial question of law admitted for consideration was whether the Tribunal was justified in holding that the CIT's order under Section 263 was not covered by the grounds mentioned in the notice. The respondent, a partnership firm engaged in manufacturing and export, faced scrutiny due to various discrepancies in the assessment. The CIT initiated proceedings under Section 263 based on issues like unsecured loans, unexplained credits, and lack of proper inquiry into certain expenses.

The Tribunal's decision to set aside the CIT's order under Section 263 was the main point of contention. The Revenue argued that the Tribunal erred in overturning the CIT's order without proper examination of the claims made by the respondent. On the other hand, the respondent's counsel contended that the Tribunal, being the final authority, correctly allowed the appeal by setting aside the CIT's order. The High Court analyzed the record and noted that the Section 263 proceedings were initiated due to the lack of proper inquiries during the assessment, rendering the order prejudicial to the Revenue's interests.

The Tribunal's finding of fact highlighted that the CIT's order under Section 263 deviated from the grounds mentioned in the notice, which is impermissible. Citing precedent, the Tribunal emphasized that the CIT must base the revision on the grounds provided in the notice to ensure a fair opportunity for the assessee to respond. As the AO did not make any additions on the issues raised in the Section 263 notice, the Tribunal deemed the order invalid and unsustainable. Consequently, the High Court dismissed the appeal, upholding the Tribunal's decision to quash the CIT's order under Section 263.

In conclusion, the High Court ruled in favor of the respondent-assessee, emphasizing the importance of adherence to procedural fairness and the necessity for the CIT to confine revisions under Section 263 to the grounds specified in the notice. The judgment underscored the significance of providing a reasonable opportunity for the assessee to address the issues raised during the assessment process, ensuring transparency and procedural integrity in tax proceedings.