2022 (12) TMI 1012 - AT - Income Tax

Revision u/s 263 by CIT - justification for claim of deduction u/s. 54B and also conditions required to be fulfilled to claim deduction under 54B - HELD THAT - Though the A.O. asked the assessee to justify the deduction claimed in computation of capital gain along with supporting evidences through notice issued u/s. 143(2) of the Act and the assessee made simple reply without proper evidences and nature of cultivation or any agricultural income derived from the above lands in any other previous assessment years. Thus in our considered opinion, the Assessing Officer has not made necessary inquiry before allowing deduction u/s. 54B but grossly allowed claim made by the assessee. Section 54B of the Act is not applicable, if the land was not used for agricultural purposes in the two years preceding the date of transfer. Thus without applications of the provisions of law, the assessing officer has granted the relief to the assessee which otherwise the assessee is not eligible for the claim of deduction u/s. 54B of the Act. PCIT has invoked the provisions of Section 263 thereby set aside the erroneous assessment order passed by the Assessing Officer and directed the A.O. to pass a fresh assessment order, after allowing adequate opportunities to the assessee in accordance with law following the prescribed procedure and duly examining the issue of allowability of deduction u/s. 54B of the Act. We do not find any infirmity in the order passed by the ld. PCIT - Decided against assessee.

Summary

Issues Involved:
1. Eligibility for exemption under Section 54B of the Income Tax Act, 1961.
2. Validity of the revision order under Section 263 of the Income Tax Act, 1961.
3. Adequacy of the inquiry conducted by the Assessing Officer (AO) during the assessment proceedings.

Detailed Analysis:

1. Eligibility for Exemption under Section 54B of the Income Tax Act, 1961
The core issue revolves around the eligibility of the assessee for claiming exemption under Section 54B of the Income Tax Act, 1961. The assessee declared Long Term Capital Gains (LTCG) from the sale of agricultural land and claimed exemption under Section 54B, asserting the reinvestment in another agricultural land. However, the Principal Commissioner of Income Tax (PCIT) observed that the land sold was not used for agricultural purposes during the financial years 2013-14 and 2014-15, and no agricultural income was reported. The PCIT concluded that the conditions for claiming exemption under Section 54B were not met, as the land was not used for agricultural purposes in the two years preceding the sale.

2. Validity of the Revision Order under Section 263 of the Income Tax Act, 1961
The PCIT invoked Section 263, asserting that the assessment order was erroneous and prejudicial to the interest of revenue due to the AO's failure to verify the eligibility criteria for exemption under Section 54B. The PCIT highlighted that the AO did not conduct any proper inquiry or verification regarding the agricultural use of the land. The assessee contended that all necessary documents and explanations were provided during the assessment proceedings, and the AO was satisfied with the claim. However, the PCIT found that the AO did not ask pertinent questions or seek supporting evidence regarding the agricultural use of the land.

3. Adequacy of the Inquiry Conducted by the Assessing Officer
The Tribunal examined whether the AO conducted adequate inquiries and verifications before allowing the exemption under Section 54B. The Tribunal noted that the AO's assessment order lacked details and did not reflect any verification or inquiry into the agricultural use of the land. The AO's order was deemed cryptic and insufficient in addressing the eligibility criteria for Section 54B exemption. The Tribunal emphasized the necessity for the AO to collect facts, examine the claim, and apply the correct legal provisions, which were not done in this case.

Conclusion:
The Tribunal upheld the PCIT's revision order under Section 263, agreeing that the AO's assessment was erroneous and prejudicial to the revenue's interest due to the lack of proper inquiry and verification. The Tribunal dismissed the assessee's appeal, affirming the need for a fresh assessment with adequate inquiries into the eligibility for exemption under Section 54B. The Tribunal cited various judicial precedents, including the Supreme Court's rulings, to support the necessity for strict compliance with exemption provisions and the duty of the AO to conduct thorough inquiries.

Order:
The appeal filed by the assessee was dismissed, and the revision order under Section 263 was upheld, directing the AO to conduct a fresh assessment with proper verification and inquiry into the eligibility for exemption under Section 54B. The Tribunal found no infirmity in the PCIT's order and emphasized the need for the AO to follow the prescribed procedures and legal provisions in reassessing the case.