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2021 (5) TMI 918 - AT - Income TaxRevision u/s 263 - assessee has been selected for limited scrutiny on two grounds viz. verification of Purchase of property and verification of deduction claimed under the head capital gain and expanding the scope of scrutiny by the way of order u/s 263 - HELD THAT - As gone through the notice issued by the revenue dated 29.07.2016 wherein the AO mentioned that two issues have been identified for examination which are verification i.e. purchase of property and verification of deduction claimed under the head capital gain. We find that the complete details pertaining to both the issues have been examined by the AO and the replies of the assessee along with the details of sale of shares, confirmation of the parties, bank statements, purchase of property, registration document and deduction u/ s 54F claimed. The entire details of the said two transactions which are the subject matter of scrutiny have been duly provided and examined by the AO and duly accepted after examination and verification. We find that the deduction claimed u/s 54 F was ₹ 6,12 ,10 ,100/- whereas the deduction eligible was ₹ 6,11,19 ,500/-. Thus, there is a computational difference of ₹ 90,600 /- in the claim of deduction u/s 54 F which could have been rectified u/s.154. The provisions of section 263 need not be invoked for computational error for which other provisions of the Act are fairly sufficient. The directions of the ld. PCIT which are beyond the selection criteria of scope of scrutiny for the instant year cannot be held to be legally valid. Appeal of the assessee is allowed.
Issues Involved:
1. Jurisdiction of the Principal Commissioner of Income Tax under section 263 of the Income Tax Act, 1961. 2. Validity of the order passed by the Principal Commissioner of Income Tax under section 263. 3. Legality of the directions issued by the Principal Commissioner of Income Tax under section 263. 4. Application of mind in passing the order under section 263. 5. Invocation of provisions of section 263 and direction for de-novo assessment. 6. Compliance with the principles of natural justice in the order passed. Issue 1: Jurisdiction of the Principal Commissioner of Income Tax under section 263: The appeal challenged the initiation of proceedings under section 263 by the Principal Commissioner of Income Tax (PCIT) as being without jurisdiction and against the principles of natural justice. The appellant contended that the PCIT wrongly assumed jurisdiction under section 263. The PCIT had set aside the assessment and held the original assessment order as erroneous and prejudicial to revenue. The grounds of appeal primarily focused on challenging the jurisdiction of the PCIT under section 263. Issue 2: Validity of the order passed by the Principal Commissioner of Income Tax under section 263: The appellant argued that the order passed by the PCIT under section 263 was bad in law as it was allegedly passed without the application of mind. The PCIT's order was challenged for being erroneous, vague, ambiguous, and untenable. The appellant contended that the PCIT's order deserved to be quashed due to these legal infirmities. Issue 3: Legality of the directions issued by the Principal Commissioner of Income Tax under section 263: The appellant raised concerns regarding the directions issued by the PCIT under section 263, claiming that they were arbitrary and against the principles of natural justice. The directions for de-novo assessment were challenged as being beyond the scope of scrutiny for the relevant year, rendering them legally invalid. Issue 4: Application of mind in passing the order under section 263: The appellant contended that the PCIT's order under section 263 was passed without the application of mind. It was argued that the PCIT had not conducted a proper inquiry and had not provided a plausible explanation for the decision, indicating a lack of due diligence in the decision-making process. Issue 5: Invocation of provisions of section 263 and direction for de-novo assessment: The appellant objected to the invocation of section 263 by the PCIT and the subsequent direction for a de-novo assessment. The appellant argued that the issues highlighted did not warrant the application of section 263 and that the computational error in the deduction claimed under section 54F could have been rectified under section 154, without the need for invoking section 263. Issue 6: Compliance with the principles of natural justice in the order passed: The appellant contended that the order passed by the PCIT was against the principles of natural justice. The appellant argued that expanding the scope of scrutiny beyond the identified issues of purchase of property and deduction claimed under capital gain was legally invalid. The PCIT's wider powers to examine the case were challenged as not being in compliance with the principles of natural justice. In conclusion, the Tribunal allowed the appeal of the assessee, emphasizing that the directions issued by the PCIT were beyond the selection criteria of the scrutiny for the relevant year and, therefore, not legally valid.
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