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2021 (5) TMI 70 - AT - Income TaxRevision u/s 263 - addition u/s. 68 of the Act as unexplained cash credit being share application money and premium received by the assessee during the year - HELD THAT - As specifically applying the decision of the Tribunal in the case of M/s. Amritrashi Infra Private Ltd.. 2020 (8) TMI 407 - ITAT KOLKATA and in the case of M/s. Omkar Infrastructure Pvt. Ltd. 2020 (5) TMI 209 - ITAT KOLKATA to the facts of the case on hand, we have to necessarily hold that the exercise of revisionary power by the ld. Pr. CIT, u/s. 263 of the Act, vide order dt. 27/03/2019, is bad in law. Assessing Officer in the second round of assessment proceedings, has followed all the instructions given by the ld. Pr. CIT in his first order passed u/s. 263 of the Act on 07/09/2016. This is not a case of non-enquiry or non-application of mind. The Assessing Officer has examined all the evidences and taken a possible view. Just because the total income determined by the Assessing Officer in the second round of assessment proceedings, is less than the income determined in the first assessment proceedings, the order does not become erroneous. In adequate enquiry does not warrant invocation of powers u/s. 263 of the Act. Hence we quash the same and allow the appeal of the assessee.
Issues Involved:
1. Legitimacy of the second revisionary order passed under Section 263 of the Income Tax Act, 1961. 2. Adequacy of the Assessing Officer's (AO) compliance with the directions given in the first revisionary order. 3. Examination of the identity, creditworthiness, and genuineness of the share applicants. 4. Validity of the AO's assessment order under Section 143(3) read with Section 263 of the Income Tax Act, 1961. Detailed Analysis: 1. Legitimacy of the Second Revisionary Order Passed Under Section 263 of the Income Tax Act, 1961: The appeal concerns the legitimacy of the second revisionary order passed by the Principal Commissioner of Income Tax (Pr. CIT) under Section 263 of the Income Tax Act, 1961. The Pr. CIT issued a notice to the assessee company to show cause why the assessment order passed under Section 143(3) read with Section 263 should not be revised. The sole reason for the show cause notice was that the total income determined in the second assessment was less than the income assessed in the original assessment. The Pr. CIT concluded that the AO's order was "erroneous" and "prejudicial" to the interest of revenue due to a lack of adequate enquiry. 2. Adequacy of the Assessing Officer's Compliance with the Directions Given in the First Revisionary Order: The AO, in the second round of assessment, followed the directions given by the Pr. CIT in the first revisionary order. The AO issued notices under Sections 142(1) and 131, summoned the directors of the investor companies, and verified the identity, creditworthiness, and genuineness of the share applicants. The AO's assessment order included detailed verification of documents such as ITR acknowledgments, audited accounts, bank statements, and statements recorded under oath from the directors of the investor companies. The AO concluded that the source of funds, identity, and creditworthiness of the share applicants were in order. 3. Examination of the Identity, Creditworthiness, and Genuineness of the Share Applicants: The AO examined the identity, creditworthiness, and genuineness of the share applicants by verifying the documents provided and recording statements from the directors of the investor companies. The AO issued notices under Sections 131 and 133(6) to the investor companies, and the directors appeared and confirmed their investments. The AO verified the bank statements and balance sheets of the investor companies, concluding that the source of funds was legitimate and the transactions were genuine. 4. Validity of the AO's Assessment Order Under Section 143(3) Read with Section 263: The AO's assessment order was challenged by the Pr. CIT on the grounds of inadequate enquiry. However, the Tribunal found that the AO had conducted a thorough investigation and followed the directions given in the first revisionary order. The Tribunal held that the AO's assessment order was a plausible view based on the evidence provided and could not be termed as erroneous or prejudicial to the interest of the revenue. The Tribunal quashed the second revisionary order passed by the Pr. CIT, stating that the AO had complied with the directions and conducted a proper enquiry. Conclusion: The Tribunal allowed the appeal of the assessee, quashing the second revisionary order passed by the Pr. CIT under Section 263 of the Income Tax Act, 1961. The AO's assessment order was found to be in compliance with the directions given in the first revisionary order, and the enquiry conducted was deemed adequate. The Tribunal emphasized that mere differences in the total income determined in the second assessment compared to the original assessment do not warrant the invocation of revisionary powers under Section 263.
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