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2022 (8) TMI 1067 - AT - Income TaxRevision u/s 263 by CIT - jurisdiction invoked merely on the basis of audit objection - Proof of independent application of mind by CIT - HELD THAT - As in the instant case, merely because there is an Audit Objection, contention regarding the exercise of powers u/s 263 as invalid cannot be accepted. What is relevant to examine is whether there is a mechanical exercise of revisionary powers u/s 263 by the ld PCIT by merely citing the Audit Objection or there is due application of mind by him before exercise of such powers. In the instant case, impugned order wherein it was mentioned that the assessment records were called for by the ld PCIT and examined and thereafter on examination of the records, it was noted that the AO has not made proper and in depth enquiries and thereafter a show cause notice was issued by the Ld. Pr.CIT We therefore do not agree with the contention of the Ld. AR that there is non-application of mind on the part of the Ld. Pr.CIT and the jurisdiction u/s 263 of the Act has been invoked merely on the basis of audit objection. Rather, we find that the ld PCIT has taken into considered the entirety of material on record including audit objection as well as investigation report and thereafter, has considered it appropriate to exercise his revisionary jurisdiction u/s 263 as the perusal of such records prima facie demonstrated that the order so passed by the AO was erroneous as well as prejudicial to the interest of the Revenue. We therefore don t agree with the contention so advanced by the ld AR in this regard. - Decided against assessee.
Issues Involved:
1. Jurisdiction under section 263 of the Income Tax Act, 1961. 2. Adequacy of inquiries and verification by the Assessing Officer (AO). 3. Reliance on Audit Objection for initiating proceedings under section 263. 4. Violation of Principles of Natural Justice. Issue-wise Detailed Analysis: 1. Jurisdiction under section 263 of the Income Tax Act, 1961: The assessee contended that the Principal Commissioner of Income Tax (PCIT) wrongly assumed jurisdiction under section 263, making the order void ab initio. The Tribunal found that the PCIT had jurisdiction to invoke section 263 as the AO failed to consider the investigation report from DDIT (Investigation) Kolkata and did not make necessary inquiries or verification. The Tribunal upheld the PCIT's jurisdiction, stating that the AO's failure to examine the information from the Investigation Wing justified the invocation of section 263. 2. Adequacy of inquiries and verification by the Assessing Officer (AO): The assessee argued that the AO had made adequate inquiries and verifications during the assessment proceedings. However, the Tribunal observed that the AO did not verify the genuineness of the transaction involving Rs. 25 lacs received from M/s Bhole Nath Dealers Pvt. Ltd. towards the sale of shares. The AO accepted the assessee's submissions without independent verification or corroborative documentation. The Tribunal agreed with the PCIT that the AO failed to carry out necessary verification and examination, thereby justifying the revisionary order under section 263. 3. Reliance on Audit Objection for initiating proceedings under section 263: The assessee claimed that the PCIT's order was based solely on an audit objection, which is illegal. The Tribunal referred to various judicial precedents and concluded that while an audit objection alone cannot justify the invocation of section 263, the PCIT is not barred from considering it. The Tribunal found that the PCIT had examined the assessment records independently and noted deficiencies in the AO's inquiry process. Therefore, the PCIT's action was not solely based on the audit objection but was a result of independent application of mind. 4. Violation of Principles of Natural Justice: The assessee argued that the PCIT did not consider the order sheet entries or the correspondence related to the audit objection, violating the principles of natural justice. The Tribunal found no merit in this contention, as the PCIT had issued a show cause notice and considered the assessee's submissions before passing the revisionary order. The Tribunal held that the principles of natural justice were not violated. Conclusion: The Tribunal dismissed the appeal of the assessee, upholding the PCIT's order under section 263. The Tribunal found that the AO had failed to conduct adequate inquiries and verification, and the PCIT had rightly invoked section 263 based on independent examination of the assessment records, including but not limited to the audit objection. The order of the PCIT was found to be valid and in accordance with the law.
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