2023 (10) TMI 627 - HC - Income Tax

Revision u/s 263 - bogus purchases and commission expenses - As per CIT AO has failed to consider that all the purchases made and the commission expenses claimed were not genuine - ITAT allowed assessee appeal - HELD THAT - AO has made inquiries about the purchases made by the assessee and commission paid to the parties. The A.O. for inquiring into purchases made and commission paid issued notice and in response the assessee furnished bank statement, tax invoices and ledger accounts of the contra parties. CIT has not disputed the existence of the parties and the purchases made or commission paid. No contrary evidence was placed on record to substantiate that the purchases made or commission paid is bogus. No error in the order of ITAT so as to raise any substantial question of law in the present appeal.

Summary

Issues:
The issues involved in the judgment are:
1. Interpretation of the provisions of Section 263 of the Income Tax Act, 1961.
2. Validity of the order passed by the Income Tax Appellate Tribunal (ITAT) in relation to the assessment year 2014-2015.
3. Examination of the genuineness of purchases and commission expenses by the assessing officer.

Interpretation of Section 263:
The appeal was filed by the Revenue u/s 260A of the Income Tax Act, 1961, challenging the order of the ITAT which quashed the order of the Principal CIT u/s 263. The questions of law proposed in the appeal included whether the decision of the AO can be considered erroneous and prejudicial to the revenue, and whether the PCIT was empowered to revise the assessment order u/s 263. The Tribunal held that the AO had made inquiries about the purchases and commission payments during assessment proceedings, and the PCIT did not dispute the genuineness of the parties or the transactions. Therefore, the ITAT's order was upheld, and the appeal was dismissed.

Validity of ITAT's Order:
The assessee, engaged in the business of manufacturing and trading of elastic tapes, had filed its return of income for A.Y. 2014-2015, declaring income of Rs. 68,79,440. The assessment order u/s 143(3) made certain additions, which were challenged by the assessee before the ITAT. The ITAT allowed the appeal of the assessee, leading to the present appeal by the Revenue. The Revenue argued that the assessing officer failed to appropriately examine the genuineness of purchases and commission expenses, while the respondent's counsel supported the ITAT's order. The Tribunal noted that the assessing officer had indeed made inquiries about the purchases and commission payments, and the PCIT did not dispute the genuineness of the transactions. Therefore, the ITAT's order was upheld, and the appeal was dismissed.

Examination of Genuineness of Purchases and Commission Expenses:
During the assessment proceedings, the assessing officer had issued a notice regarding purchases and commission payments, to which the assessee had provided relevant details. The PCIT identified issues related to confirmation of parties and lack of certain documents. However, the assessee furnished bank statements, tax invoices, and ledger accounts of the parties to substantiate the transactions. The Tribunal found that the assessing officer had made inquiries and the PCIT did not dispute the genuineness of the transactions. As no contrary evidence was presented, the ITAT's order was upheld, and the appeal was dismissed.