2020 (10) TMI 75 - AT - Income Tax

Revision u/s 263 - Purchase of land in the name of Employees showing the sum as loan to employees - Benami Property - Additions u/s 69/69B - Non conversion of limited scrutiny assessment into complete scrutiny assessment - Whether the assessment was made u/s 153A or u/s 143(3) - non-recording of satisfaction and any notice u/s. 153A(1) - HELD THAT - The question is not if an assessment u/s. 153A (1) r/w. section 153C could be, even assuming so, being itself a very precarious and tenuous issue, made, but validity of the assessment as made. That there is no basis, factual or legal, for an assessment u/s. 153A(1) r/w s. 153C in the instant case, has been made abundantly clear. Revision u/s 263 - Failure on the part of AO to convert into complete scrutiny - HELD THAT - No difference could be drawn between the two categories of assessments limited and comprehensive, except the Board Instruction limiting the scope of inquiry in one category of assessments. However, what when the Board Instruction itself enjoins him to get the said scope extended in the appropriate cases? And which aspect is not in dispute; rather, patent from the Board Instruction. Now, it cannot be that one Board instruction is binding and the other not, or one part of it is binding and the other not. That would clearly be ludicrous and without any legal basis; in fact, would make an order stating so as self-contradictory. As afore-noted, vide the amendment afore-referred, an order not made in accordance with an order, direction or instruction issued u/s. 119, is deemed to be erroneous and prejudicial to the interests of Revenue. There is, it may be appreciated, no absolute bar in law for extension of scope of inquiry, but only one formulated by the Board, as a matter of policy, toward better management of tax assessments. The same therefore itself provides for extension of the said scope in appropriate cases. Not only is the said Instruction binding, not observing its mandate makes an assessment made in disregard thereof as infirm and, accordingly, liable for revision u/s. 263. In view of the foregoing, the direction by the ld. Pr. CIT for adjudicating the issue/s in accordance with law, i.e., without any fetter, cannot be faulted with.

Issues Involved:
1. Jurisdiction and validity of the assessment order under section 153C/143(3).
2. Scope of limited scrutiny and the power of the Principal Commissioner of Income Tax (Pr. CIT) under section 263.
3. Adequacy of inquiries conducted by the Assessing Officer (AO) during the assessment proceedings.

Issue-wise Detailed Analysis:

1. Jurisdiction and Validity of the Assessment Order under Section 153C/143(3):
The assessee contended that the assessment order was a nullity due to the absence of a satisfactory note by the AO under section 153C(1) and the non-issuance of a notice under section 153A(1) read with section 153C. The Tribunal found no merit in this claim, stating that the assessment was a regular assessment under section 143(3), initiated by a notice under section 143(2). The absence of the prerequisites for initiating proceedings under section 153A(1) implied that the assessment was not under section 153C/143(3). The Tribunal emphasized that the correct legal position is relevant, not the parties' view of their rights. The Tribunal also noted that any mistake in describing the assessment as under section 153C/143(3) was of no consequence, as long as the assessment was valid under section 143(3).

2. Scope of Limited Scrutiny and the Power of the Pr. CIT under Section 263:
The assessee argued that the Pr. CIT could not direct the AO to examine aspects outside the limited scrutiny scope. The Tribunal noted that the assessment was indeed a limited scrutiny assessment, focusing on tax credit mismatch and cash deposits. The Tribunal found that most queries raised by the Pr. CIT were covered in the limited scrutiny assessment, except for the investment in agricultural land in the name of an employee. The Tribunal upheld the Pr. CIT's direction to examine this issue, as it fell within the scope of the limited scrutiny and required further inquiry. The Tribunal emphasized that the AO's discretion in converting limited scrutiny to complete scrutiny cannot be questioned, but the Pr. CIT's direction was valid for issues within the limited scrutiny scope.

3. Adequacy of Inquiries Conducted by the AO During the Assessment Proceedings:
The Tribunal examined whether the AO conducted adequate inquiries during the assessment proceedings. The Tribunal found that the AO had inquired into most aspects raised by the Pr. CIT, except for the investment in agricultural land. The Tribunal noted that the AO had examined the cash book and ledger accounts, adding income where explanations were unsatisfactory. However, the Tribunal found that the AO did not specifically inquire into the investment in agricultural land, which was surrendered by the assessee. The Tribunal held that the absence of proper inquiry rendered the assessment order erroneous and prejudicial to the interests of the Revenue. The Tribunal upheld the Pr. CIT's direction to examine the issue afresh, emphasizing the need for proper inquiry to ascertain the truth.

Conclusion:
The Tribunal concluded that the assessment was a regular assessment under section 143(3), not under section 153C/143(3). The Tribunal upheld the Pr. CIT's direction to examine the investment in agricultural land, as it fell within the limited scrutiny scope and required further inquiry. The Tribunal found that the AO had conducted adequate inquiries for other aspects, and the assessment order was not erroneous or prejudicial to the interests of the Revenue for those aspects. The appeal was partly allowed, with the Tribunal directing the AO to examine the investment in agricultural land afresh.

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