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2021 (12) TMI 1073 - AT - Income TaxRevision u/s 263 - claim for deduction u/s 54B came to be allowed by the Assessing Officer without verification and enquiries - distinction between lack of enquiry and inadequate enquiry - HELD THAT - We are of the considered opinion that the Assessing Officer had allowed the claim for deduction u/s 54B of the Act after due verification and examination of the details filed before the Assessing Officer and it cannot be said that there is total lack of enquiry on the part of the Assessing Officer while allowing the claim of the assessee. Therefore, the assessment order cannot be termed as erroneous . There is no material on record indicating that the appellant had not satisfied the conditions laid down under the provisions of the Act for claiming exemption u/s 54B of the Act. Therefore, the assessment order cannot be branded as erroneous and prejudicial to the interests of the revenue . Thus, the ld. Pr.CIT is not justified in exercising the power of revision u/s 263 of the Act and order passed u/s 263 by the ld. Pr.CIT is hereby set-aside. Accordingly, the grounds of appeal raised by the assessee stand allowed.
Issues Involved:
1. Validity of the revision exercised by the Pr.CIT u/s 263 of the Income Tax Act. 2. Eligibility of the assessee's claim for deduction u/s 54B of the Income Tax Act. 3. Classification of the land as a capital asset under Section 2(14) of the Income Tax Act. 4. Adequacy of the Assessing Officer's enquiry and verification process. Issue-wise Detailed Analysis: 1. Validity of the Revision Exercised by the Pr.CIT u/s 263 of the Income Tax Act: The appeals concern the orders passed by the Pr.CIT under Section 263 of the Income Tax Act, 1961, which allows the Commissioner to revise any assessment order if it is considered "erroneous and prejudicial to the interests of the revenue." The Tribunal emphasized that for the Pr.CIT to invoke this power, both conditions must be satisfied cumulatively. The Tribunal referenced the decisions of the Hon’ble Supreme Court in Malabar Industrial Co. Ltd. vs. CIT and CIT vs. Max India Ltd., which state that an error in the assessment order must be clear and not debatable or a plausible view. The Tribunal found that the Assessing Officer had indeed carried out necessary enquiries and verifications, thus the assessment order could not be termed "erroneous." 2. Eligibility of the Assessee's Claim for Deduction u/s 54B of the Income Tax Act: The Tribunal examined whether the deduction claimed under Section 54B was correctly allowed by the Assessing Officer. The appellant contended that the investments made up to 31.03.2014 were reflected in the Balance Sheet and the balance investments were made before the due date of filing the return of income. The Tribunal found that the Assessing Officer had examined the claim and allowed it after verifying the details, thus the assessment order was not erroneous. The Tribunal noted that the Pr.CIT did not provide any material evidence to show that the claim for deduction u/s 54B was not allowable. 3. Classification of the Land as a Capital Asset under Section 2(14) of the Income Tax Act: The appellant argued that the land sold was not a capital asset as it was situated more than 8 kilometers from the municipal limits of Pune, and thus, it did not attract capital gains tax. The Tribunal considered this argument and noted that the land was used for agricultural purposes for more than the immediately preceding two years from the date of transfer. The Tribunal concluded that the Assessing Officer had appropriately classified the land and allowed the deduction under Section 54B. 4. Adequacy of the Assessing Officer's Enquiry and Verification Process: The Tribunal distinguished between "lack of enquiry" and "inadequate enquiry." It cited the Hon’ble Bombay High Court in CIT vs. Gabriel India Ltd. and the Hon’ble Delhi High Court in CIT vs. Sunbeam Auto Ltd., stating that if there was any enquiry, even if inadequate, it would not justify the Commissioner’s revision under Section 263. The Tribunal found that the Assessing Officer had indeed conducted enquiries and verifications, including calling for details of purchase and sale transactions and examining the claim u/s 54B. Therefore, the Tribunal concluded that the assessment order was neither erroneous nor prejudicial to the interests of the revenue. Conclusion: The Tribunal set aside the orders passed by the Pr.CIT under Section 263, concluding that the Assessing Officer had allowed the claim for deduction u/s 54B after due verification and examination. Both appeals filed by the assessee were allowed, and the Tribunal pronounced the order on December 22, 2021.
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