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2023 (2) TMI 55 - AT - Income TaxRevision u/s 263 - AO did not verify interest income offered and income as per Form 26AS - limited scrutiny case - assessee case was selected for scrutiny through CASS in the limited scrutiny to verify Large other expenses claimed in the profit loss A/c and mismatch in sales turnover reported in audit report ITR - HELD THAT - We find in the case of Balvinderkumar 2021 (3) TMI 649 - ITAT DELHI as quashed the 263 proceedings by holding that in case of limited scrutiny, the Assessing Officer cannot go beyond the reasons for which the matter was selected for limited scrutiny and therefore, it would not be open to pass a revisionary order u/s 263 by the CIT on other aspects. Since the case of the assessee in the instant case was selected for limited scrutiny to verify Large Other Expense claimed in the Profit Loss Account and mismatch in sales turnover reported in audit report and ITR therefore, the Assessing Officer could not have travelled beyond the reasons for which the case was selected for limited scrutiny. Therefore, the order cannot be said to be erroneous. It is the settled proposition of law that for invoking the jurisdiction u/s 263, the twin conditions namely the order is erroneous and the order is prejudicial to the interest of the Revenue must be satisfied. However, the order passed by the Assessing Officer in the instant case cannot be held to be erroneous although the same may be prejudicial to the interest of the Revenue. Thus, the twin conditions are not satisfied. Therefore, we are of the considered opinion that the learned PCIT/CIT could not have initiated proceedings u/s 263 - Appeal filed by the assessee is allowed.
Issues Involved:
1. Validity of invoking Section 263 by the Principal Commissioner of Income Tax (Pr.CIT). 2. Examination of interest income discrepancy between Form 26AS and the return filed. 3. Scope of limited scrutiny under CASS. 4. The legitimacy of the assessment order passed on a non-existent entity. Issue-wise Detailed Analysis: 1. Validity of invoking Section 263 by the Pr.CIT: The Pr.CIT invoked Section 263 of the I.T. Act, 1961, on the grounds that the assessment order passed by the Assessing Officer (AO) was erroneous and prejudicial to the interest of the Revenue. The Pr.CIT noted that the AO failed to examine the discrepancy in interest income reported in Form 26AS and the return filed by the assessee. Despite the assessee's argument that the AO had thoroughly examined all issues and that the interest income did not pertain to the current year, the Pr.CIT held that the AO had not conducted any inquiry into this discrepancy, thus rendering the assessment order erroneous and prejudicial to the Revenue. 2. Examination of interest income discrepancy: The Pr.CIT identified a discrepancy where the assessee declared interest income of Rs. 10,33,764/- while Form 26AS reflected Rs. 20,45,315/-. The AO did not investigate this discrepancy during the assessment proceedings. The assessee contended that the interest income reflected in Form 26AS did not pertain to the current year and that Form 26AS should not be considered part of the books of account. The Pr.CIT, however, maintained that it was the AO's duty to investigate the reasons for this discrepancy and come to a proper conclusion, which the AO failed to do. 3. Scope of limited scrutiny under CASS: The case was selected for limited scrutiny to verify "Large other expenses claimed in the Profit & Loss A/c and mismatch in sales turnover reported in Audit Report & ITR." The Tribunal found that the AO was restricted to examining only these issues and could not extend the scope of scrutiny to include the interest income discrepancy. The Tribunal referenced several decisions, including those of the Delhi Bench and Mumbai Bench of the Tribunal, which established that the AO could not go beyond the specific reasons for which the case was selected for limited scrutiny without the approval of the administrative Commissioner. 4. The legitimacy of the assessment order passed on a non-existent entity: The assessee argued that the assessment order was void ab initio as it was passed on a non-existent entity following an amalgamation. The Tribunal acknowledged this argument, referencing the decision in the case of M/s. Vivimed Labs Ltd vs. DCIT and the Hon'ble Supreme Court in the case of PCIT vs. Maruti Suzuki India Ltd, which held that an assessment order passed on a non-existent entity is void. Conclusion: The Tribunal concluded that the AO was bound by the limited scrutiny mandate and could not have examined the interest income discrepancy. The assessment order, therefore, could not be deemed erroneous, even if it was prejudicial to the Revenue. Consequently, the Tribunal quashed the Pr.CIT's order under Section 263, setting aside the assessment order passed by the AO. The appeal filed by the assessee was allowed. Order: The appeal filed by the assessee is allowed, and the order passed by the Pr.CIT under Section 263 is quashed. The grounds raised by the assessee are accordingly allowed.
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