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2021 (10) TMI 444 - AT - Income TaxRevision u/s 263 by CIT - Assessment was framed by the assessing officer for a limited scrutiny - expansion of scope of limited scrutiny - HELD THAT - The issue for which the PCIT issued the show cause notice was entirely different than the four issues examined under limited scrutiny by the assessing officer. The Board in its circular mentioned the procedure for converting the limited scrutiny case into full-fledged scrutiny. The said circular was reproduced by the PCIT in the impugned order before us. From the perusal of the above said circular, it is abundantly clear that the conditions, which are sine qua non were non-existence. Therefore, the assessing officer did not have to convert or make a request for a limited scrutiny case to fullfledged scrutiny. Since the assessing officer was only required to decide the issues specifically selected under Limited scrutiny and was not required to examine or sufficiently enquire the matters which are not referred to him as alleged by the PCIT. Once the assessing officer was required to apply his mind to the specific issues, which were duly dealt by the assessing officer in the order passed by him, it cannot be said that the order passed by the assessing officer was erroneous or prejudicial to the interest of the revenue. The revenue in its wisdom has directed the assessing Officer to decide the specific issues and laid down the condition of deviation from the specific issues after fulfilling the requirement of the circular issued by the Board in this regard. Once the AO had scrupulously discharged the duty assigned to him, it cannot be said by PCIT that the order passed by the assessing officer was erroneous and prejudicial to the interests of the revenue. - Decided in favour of assessee.
Issues Involved:
1. Legality of invoking revisionary power under Section 263 by the Principal Commissioner of Income Tax (Pr. CIT). 2. Validity of the assessment order passed under Section 143(3) in light of the limited scrutiny scope. 3. Compliance with mandatory Document Identification Number (DIN) requirement. 4. Allowability of salary/remuneration to partners under Section 40(b) of the Income Tax Act. Detailed Analysis: 1. Legality of Invoking Revisionary Power under Section 263: The assessee contended that the Pr. CIT erred in holding the assessment order under Section 143(3) as erroneous and prejudicial to the interest of revenue, thus invoking Section 263. The Pr. CIT identified discrepancies, particularly the non-quantification of partner remuneration in the partnership deed as required under Section 40(b)(ii), which should have led to disallowance of ?24,00,000. The assessee argued that the scope of limited scrutiny did not necessitate examining issues beyond those specified in the scrutiny notice. Citing multiple judicial precedents, the assessee maintained that the Pr. CIT's action was beyond jurisdiction as the issue was not part of the limited scrutiny. 2. Validity of the Assessment Order Passed under Section 143(3): The assessee's return for A.Y. 2015-16 was selected for limited scrutiny for specific issues: custom duty payment mismatch, payment to related persons mismatch, unsecured loans, and duty drawback received/receivable. The assessment was completed under Section 143(3) addressing these issues. The Pr. CIT's notice under Section 263 raised a new issue unrelated to the limited scrutiny scope. The assessee argued that the Assessing Officer (AO) was not required to examine issues beyond the limited scrutiny mandate. The tribunal agreed, stating that the AO's focus was correctly confined to the specified issues, and the assessment order could not be deemed erroneous or prejudicial to revenue interests. 3. Compliance with Mandatory Document Identification Number (DIN) Requirement: The assessee highlighted a procedural lapse, noting that the Section 263 order did not bear a DIN, as mandated by CBDT Circular No. 19 of 2019. The circular stipulates that any communication issued by tax authorities post-October 1, 2019, must include a DIN unless an exception is documented. The tribunal observed that the impugned order lacked a DIN and did not mention any approval for issuing it without a DIN, rendering the order invalid per the circular's provisions. 4. Allowability of Salary/Remuneration to Partners under Section 40(b): The partnership deed specified the remuneration formula per Section 40(b), stating 90% of book profits up to ?3 lakhs and 60% of the balance, with a minimum of ?1.50 lakhs. The Pr. CIT's notice claimed that the deed did not quantify the remuneration, warranting disallowance. The assessee countered, citing CBDT Circular No. 739 and judicial decisions affirming that specifying a quantification method suffices for Section 40(b) compliance. The tribunal reviewed relevant case laws and concluded that the partnership deed's remuneration clause met legal requirements, thus the AO's allowance of the remuneration was justified. Tribunal's Conclusion: The tribunal found merit in the assessee's arguments, particularly on the primary ground that the limited scrutiny scope was not exceeded by the AO, and the Pr. CIT's invocation of Section 263 was unwarranted. The tribunal quashed the Section 263 order, ruling that the AO's assessment was neither erroneous nor prejudicial to revenue interests. Consequently, the appeal was allowed on this ground alone, rendering other grounds academic. Order Pronounced: The appeal filed by the assessee was allowed, and the order was pronounced in the open court on 24/09/2021.
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