2020 (12) TMI 1194 - AT - Income Tax

Revision u/s 263 - Exemption u/s 11 eligibility - dividend income received by assessee trust - HELD THAT - As decided in Sir Dorabji Tata Trust 2020 (12) TMI 1121 - ITAT MUMBAI observations so made by the learned Commissioner show that he has not even applied his mind to the undisputed facts of the case. If he had cared to look at paragraph 8 of the subject assessment order, he would have noticed that the Assessing Officer has already included the dividend income in the available gross receipts of the assessee trust and examined the application of the said income. That is beside the point that such an action was contrary to the claim of the assessee that once this income is held to be exempt under section 10(34), it cannot be brought to taxation under section 11 of the Act, and the rejection of the said claim is the subject matter of assessee s appeal before the CIT(A). Clearly, what was being directed by the learned Commissioner was already done by the Assessing Officer, and, therefore, these directions clearly show that there was a clear and glaring non- application of mind to even undisputed material facts of the case. We, therefore, cannot approve justification of the subject assessment order being held to be erroneous and prejudicial to the interests of the revenue for this reason as well. No other reason is pointed out to us. In view of the detailed reasons set out above, as also bearing in mind the entirety of the case, we hold the impugned revision order as devoid of legally sustainable merits. We, therefore, quash the impugned revision order. Respectfully following the views so taken, we hold that the impugned revision order is devoid of any legally sustainable merits. Accordingly, we hereby quash the impugned revision order - Decided in favour of assessee.

Issues Involved:
1. Initiation of proceedings under section 263 of the Income Tax Act.
2. Adequacy of verification undertaken by the Assessing Officer (AO).
3. Jurisdiction of CIT(E) under section 263.
4. Directions for de novo assessment by CIT(E).

Detailed Analysis:

1. Initiation of proceedings under section 263 of the Income Tax Act:
The appellant challenged the initiation of proceedings under section 263 by the CIT(E), arguing that the assessment order passed by the AO was neither erroneous nor prejudicial to the interest of the revenue. The CIT(E) had issued a show cause notice based on the alleged non-verification of investments and applicability of sections 13(1)(c), 13(1)(d), and 13(2)(h) of the Act. The Tribunal found that the CIT(E) initiated proceedings without adequate grounds, as the AO had conducted necessary inquiries and verifications during the assessment proceedings.

2. Adequacy of verification undertaken by the Assessing Officer (AO):
The CIT(E) held that the AO's assessment order was erroneous due to inadequate verification of investments in shares and the applicability of sections 13(1)(c), 13(1)(d), and 13(2)(h). The Tribunal noted that the AO had sought detailed information about investments and had received comprehensive responses from the assessee. The AO had verified the compliance with section 11(5) and section 13(1)(d), confirming that the shares held were part of the corpus as on 1st June 1973 or were bonus shares. The Tribunal concluded that the AO had made necessary inquiries and verifications, and the assessment order was not erroneous.

3. Jurisdiction of CIT(E) under section 263:
The appellant argued that even if the assessment order was erroneous, the CIT(E) erred in exercising jurisdiction under section 263 by holding that the assessment order was prejudicial to the interest of the revenue. The Tribunal emphasized that for an order to be revised under section 263, it must be both erroneous and prejudicial to the interest of the revenue. The Tribunal found that the AO's order was not prejudicial to the interest of the revenue as the income from investments was either exempt under section 10(34) or applied for charitable purposes, and there was no tax effect of the proposed directions by the CIT(E).

4. Directions for de novo assessment by CIT(E):
The CIT(E) directed the AO to pass a de novo assessment, alleging failure to verify the applicability of sections 13(1)(c), 13(1)(d), and 13(2)(h). The Tribunal held that the CIT(E) had not provided any substantial evidence to support the need for a de novo assessment. The AO had conducted thorough inquiries, and the assessment order was based on adequate verification. The Tribunal quashed the directions for a de novo assessment, stating that the CIT(E) had overstepped his jurisdiction under section 263.

Conclusion:
The Tribunal allowed the appeal, quashing the revision order passed by the CIT(E) under section 263. The Tribunal held that the AO had conducted necessary inquiries and verifications, and the assessment order was neither erroneous nor prejudicial to the interest of the revenue. The directions for a de novo assessment were also quashed, as the CIT(E) had not provided sufficient grounds to justify such an order.

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