2019 (6) TMI 431 - AT - Income Tax

Revision u/s 263 by CIT - Directing the AO to verify as to whether the new acquired flats are independent units and re-examining the claim of the Appellant u/s 54 - HELD THAT - As perused relevant material on record including question put to assessee in notice u/s 142(1) during original assessment framed u/s143(3) specific queries were raised by Ld.AO regarding assessee s eligibility to claim exemption u/s 54 and the documents / information were duly supplied by the assessee. Therefore, we form an opinion that Ld. AO with due application of mind, after making requisite inquiries, accepted assessee s claim. This being so, the action of Ld. Pr.CIT could not be justified. Nothing on record would suggest that the action of Ld.AO was not in conformity with statutory provisions or not in line with the binding judicial precedents prevailing at the time of framing assessment u/s 143(3). As per extant provisions of Section 54 as interpreted by various judicial authorities, the expressions a residential house would not mean to indicate a singular number. The same is also evident from the fact that the words a residential house were replaced with one residential house only with effect from 01/04/2015 and accordingly, the amendment was not applicable to impugned AY. Simply because, Ld. Pr.CIT hold adverse view in the matter, in our opinion, would not be a ground to invoke jurisdiction u/s 263 unless any perversity is established in the order of Ld. AO. Once a plausible legally sustainable view has been taken by Ld. AO in the matter, the revisional jurisdiction u/s 263 would not be warranted. - Decided in favour of assessee.

Issues Involved:
1. Validity of revisional jurisdiction under Section 263 of the Income Tax Act.
2. Direction to the Assessing Officer (AO) to verify if the newly acquired flats are independent units and re-examine the claim under Section 54.
3. Validity of the claim under Section 54 for adjacent units intended to be used as a single dwelling unit.

Detailed Analysis:

Issue 1: Validity of Revisional Jurisdiction under Section 263
The assessee contested the validity of the revisional jurisdiction exercised by the Principal Commissioner of Income Tax (Pr.CIT), arguing that the prerequisites for invoking Section 263 were not satisfied. Specifically, it was contended that the assessment order was neither erroneous nor prejudicial to the interest of the revenue. The assessee emphasized that the AO had made adequate inquiries and that the view taken by the AO was a possible view, making the revision under Section 263 invalid.

The Tribunal noted that the AO had indeed scrutinized the details of the capital gains transactions and the purchase of new flats during the original assessment proceedings. The AO had raised specific queries under Section 142(1) and had received detailed responses from the assessee, which included the computation of capital gains and supporting documents such as sale and purchase deeds. The Tribunal concluded that the AO had applied his mind and made a decision in line with the prevailing judicial precedents, thus the order was not erroneous.

The Tribunal cited several judicial precedents, including decisions from the Hon’ble Bombay High Court, to support the view that if the AO had taken a plausible and legally sustainable view, the revisional jurisdiction under Section 263 would not be warranted. The Tribunal found that the Pr.CIT's action was not justified as the AO had conducted proper inquiries and the decision was in conformity with the law.

Issue 2: Direction to the AO to Verify if the Newly Acquired Flats are Independent Units
The Pr.CIT had directed the AO to re-examine whether the newly acquired flats were independent units and to verify the claim under Section 54 accordingly. The assessee argued that prior to the amendment by the Finance (No.2) Act, 2014, effective from April 1, 2015, there was no limitation on the number of residential units that could be purchased for claiming exemption under Section 54.

The Tribunal observed that the AO had already examined this issue during the original assessment proceedings. The AO had scrutinized the sanctioned building plans and the agreements submitted by the assessee, which indicated that the adjacent flats were intended to be used as a single dwelling unit. The Tribunal noted that the Pr.CIT's direction for further verification was not warranted as the AO had already conducted a thorough examination.

Issue 3: Validity of the Claim under Section 54 for Adjacent Units Intended to be Used as a Single Dwelling Unit
The assessee argued that the adjacent units were intended to be used as a single dwelling unit and that the AO had rightly allowed the claim under Section 54 after examining the agreements and the layout plans. The Tribunal agreed with the assessee, noting that the AO had made adequate inquiries and had accepted the claim with due application of mind.

The Tribunal emphasized that the AO's decision was in line with the judicial precedents and the statutory provisions applicable at the time. The Tribunal cited the decision of the Hon’ble Delhi High Court in Gita Duggal and the Hon’ble Madras High Court in CIT Vs V.R.Karpagam, which supported the view that the term "a residential house" did not mean a singular number and that the amendment limiting the exemption to one residential house was effective only from April 1, 2015.

Conclusion:
The Tribunal quashed the revisional order passed by the Pr.CIT under Section 263, restoring the original assessment order passed by the AO under Section 143(3). The Tribunal held that the AO had conducted proper inquiries and that the decision was in line with the prevailing judicial precedents. The Tribunal did not delve into the merits of the case, as the appeal was concerned only with the validity of the proceedings under Section 263. The appeal was partly allowed in favor of the assessee.

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