2023 (3) TMI 357 - AT - Income Tax

Revision u/s 263 by CIT - setting aside the regular assessment made u/s 143(3) - HELD THAT - There is nothing on record to show that any enquiry whatsoever was made by the assessing officer so as to ascertained whether rental income from commercial complex and tower amounting as business income or house property income as found by the PCIT on examination of the relevant assessment records. The relevant details to ascertain the exact nature of transaction effected by the assessee in rental income from commercial complex and tower shown as business income instead of house property income. There is nothing brought on record on behalf of the assessee to rebut or controvert this finding especially recorded by the ld. PCIT during the course of proceeding u/s 263 - In reference to above, the assessee had replied that the rental income offered by the assessee as business income was absolutely right and it should not be treated under the head of house property and in this context assessee did not even furnish any written submission in support of his contention before the ld. PCIT. It is thus clear that the claim of the assessee for rental income from commercial complex and tower shown as business income instead of house property was allowed by AO without making necessary enquiry which was called for in the facts and circumstances of the case and there was an error in the order passed by the assessing officer u/s 143(3) - Therefore, the view taken by the PCIT on this aspect has rightly pointed out by which he set aside the order passed by the AO stating that it was prejudicial to the interest of revenue. Appeal of assessee dismissed.

Summary

Issues:
1. Validity of the appeal filed by the assessee.
2. Correct classification of rental income as business income or house property income.
3. Application of section 263 of the Income Tax Act.

Analysis:
1. Validity of the appeal: The appeal filed by the assessee for the assessment year 2017-18 was initially considered time-barred by the Registry. However, due to the impact of the COVID-19 pandemic, the Hon'ble Supreme Court decision allowed for the exclusion of the period during the pandemic for counting the limitation period, thus treating the appeal as filed within the limitation period.

2. Classification of rental income: The issue revolved around the correct classification of rental income from a commercial complex and tower amounting to Rs. 58,47,025/- as either business income or house property income. The assessing officer had treated this income as business income, allowing various deductions, while the Principal Commissioner of Income-tax (PCIT) contended that it should have been treated as house property income with only a standard deduction allowable under section 24 of the Income Tax Act. The PCIT found the assessing officer's treatment erroneous and prejudicial to the revenue's interest, leading to the invocation of section 263 of the Act to set aside the assessment order for reassessment.

3. Application of section 263: The PCIT issued a notice to the assessee pointing out the error in the assessment order and seeking an explanation. The assessee, however, failed to provide a written submission supporting the treatment of rental income as business income. The PCIT, after considering the lack of proper explanation and verification during scrutiny, held that the assessing officer's order was prejudicial to the revenue's interest. Consequently, the PCIT set aside the assessment order and directed a fresh assessment by the assessing officer, providing the assessee with a reasonable opportunity to be heard. The Tribunal upheld the PCIT's decision, finding no infirmity in the order passed under section 263 of the Income Tax Act.

In conclusion, the Tribunal dismissed the appeal of the assessee, upholding the order passed by the PCIT under section 263 of the Act. The judgment emphasized the importance of correct classification of income and the assessing officer's duty to conduct necessary enquiries to prevent errors that could be prejudicial to the revenue's interest.