2022 (3) TMI 428 - AT - Income Tax

Revision u/s 263 by CIT - PCIT invoked revisional jurisdiction to dislodge assessee's claim of payment of commission to M/s. Toshbro Controls Pvt. Ltd. on the ground that the Assessing Officer has failed to examine genuineness and reasonableness of large commission paid by the assessee - HELD THAT - The assessee has been paying commission to M/s. Toshbro Controls Pvt. Ltd. since long. Initially the Revenue has been accepting payment of such commission, thereafter, in Assessment Year 2012-13 the Assessing Officer rejected assessee's claim which was subsequently allowed by the CIT(A) and the order of CIT(A) was upheld by the Tribunal. In the impugned assessment year the Assessing Officer has made enquiries with regard to payment of commission by the assessee as is evident from the documents furnished by the assessee in the Paper Book. It is not a case of lack of enquiry. We are of considered view that the twin mandatory conditions as set out in section 263 of the Act i.e. assessment order should be erroneous and prejudicial to the interest of Revenue are not concurrently satisfied in the instant case. Hence, the PCIT has erred in assuming revisional jurisdiction u/s. 263 of the Act. The impugned order is quashed and the appeal by assessee is allowed.

Issues:
1. Revisional powers under section 263 of the Income Tax Act, 1961 invoked by Principal Commissioner of Income Tax.
2. Examination of genuineness and reasonableness of services claimed by an associate concern.
3. Disallowance of commission paid to associate concern.
4. Acceptance of commission payment in previous assessment years.
5. Application of mind by Assessing Officer regarding payment of commission.
6. Challenge of PCIT's order under section 263 before the Tribunal.
7. Twin mandatory conditions for invoking section 263.

1. Revisional Powers under Section 263:
The appeal by the assessee was against the order of the Principal Commissioner of Income Tax, invoking revisional powers under section 263 of the Income Tax Act, 1961. The PCIT raised concerns about the Assessing Officer's failure to verify the genuineness and reasonableness of services claimed by an associate concern, leading to the initiation of the revisional proceedings.

2. Examination of Genuineness and Reasonableness of Services:
The PCIT questioned the genuineness and reasonableness of the services claimed by the associate concern of the assessee, specifically focusing on the commission paid. The PCIT contended that the Assessing Officer did not adequately verify these aspects, prompting the revisional intervention.

3. Disallowance of Commission Paid to Associate Concern:
The issue revolved around the disallowance of commission paid to the associate concern, M/s. Toshbro Controls Pvt. Ltd. The PCIT raised concerns about the Assessing Officer's failure to make necessary inquiries regarding the claimed commission payments, leading to the revisional order under section 263.

4. Acceptance of Commission Payment in Previous Assessment Years:
The Tribunal highlighted instances from previous assessment years where the payment of commission to the same associate concern was accepted after appeals and tribunal decisions. This history of acceptance was crucial in assessing the current dispute over the commission payment.

5. Application of Mind by Assessing Officer:
The Tribunal emphasized that although the assessment order did not explicitly discuss the commission payment, it did not imply a lack of application of mind by the Assessing Officer. The Assessing Officer had examined the documents submitted by the assessee, leading to the acceptance of the commission payment.

6. Challenge of PCIT's Order:
The assessee challenged the PCIT's order under section 263 before the Tribunal, seeking relief from the revisional jurisdiction exercised by the PCIT. The Tribunal reviewed the facts and previous decisions to assess the validity of the PCIT's order in light of the circumstances.

7. Twin Mandatory Conditions for Invoking Section 263:
The Tribunal analyzed the twin mandatory conditions outlined in section 263 of the Act - the assessment order should be erroneous and prejudicial to the interest of revenue. In this case, the Tribunal found that these conditions were not concurrently satisfied, leading to the quashing of the PCIT's order under section 263.

In conclusion, the Tribunal's detailed analysis of the issues surrounding the revisional powers under section 263, examination of commission payments, and application of mind by the Assessing Officer resulted in the quashing of the PCIT's order and the allowance of the appeal by the assessee.

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