2020 (9) TMI 615 - AT - Income Tax

Revision u/s 263 - AO has not properly examined and verified carriage and wages expenses - AO had also disallowed 5% of the expenses which was revised in 263 proceedings - HELD THAT - As decided in KARTICK BOSE 2020 (1) TMI 1218 - ITAT KOLKATA no quarrel assessee s sale purchase figures between the group concern have been accepted per se since the AO proceeded to disallow an estimated 5% inflated amount only. We conclude in this factual backdrop that the PCIT has erred in law and on facts in holding the AO s regular assessment to this effect as an instance of outright bogus than inflated purchases. We according go by following settled legal proposition to hold that PCIT has erred in law and on facts in assuming his sec. 263 revision jurisdiction - Decided in favour of assessee.

Summary

Issues:
1. Revision of assessment order under section 263 of the Income Tax Act, 1961.
2. Lack of proper enquiry and verification by the Assessing Officer regarding purchases and sales.

Detailed Analysis:

Issue 1: Revision of assessment order under section 263 of the Income Tax Act, 1961
The appeal pertains to the assessment year 2013-14 and challenges the Principal Commissioner of Income Tax (Central)-1, Kolkata's order under section 263 of the Income Tax Act, 1961. The Principal Commissioner held that the regular assessment was erroneous and prejudicial to the interest of revenue due to inflated purchase and sales figures of M/s. Network Industries Ltd. The appellant contested this revision, arguing that all relevant documents were produced during assessment proceedings and requested a reconsideration of the ad hoc disallowance of purchases. The Judicial Member directed the Assessing Officer to conduct necessary enquiries and verifications regarding purchases and pass a fresh assessment order, keeping the additions made in the original assessment intact.

Issue 2: Lack of proper enquiry and verification by the Assessing Officer regarding purchases and sales
The crux of the matter lies in the Assessing Officer's failure to conduct a thorough enquiry or verification of the genuineness of purchases shown by the assessee. The Principal Commissioner invoked section 263 due to the lack of proper examination by the Assessing Officer, leading to an erroneous assessment causing prejudice to the revenue. However, the Tribunal found that the PCIT erred in assuming revision jurisdiction, as the assessment was not outright bogus but involved alleged inflated purchases between group concerns. The Tribunal reversed the PCIT's revision action, emphasizing that the PCIT had misapplied the law by considering the assessment as an instance of outright bogus purchases rather than inflated ones. As a result, the regular assessment was restored.

In conclusion, the Tribunal allowed the assessee's appeal, holding that the PCIT's revision action was not sustainable in law. The regular assessment order dated 24.03.2016 was reinstated as a necessary consequence of the reversal of the PCIT's order.