2023 (7) TMI 1554 - AT - Income Tax

Scrutiny assessment under the Limited Scrutiny under CASS (Computer Aided Scrutiny Selection) for verification of Cash withdrawal - additions to the assessee s income on issues not covered under the Limited Scrutiny parameters without converting the assessment into Complete Scrutiny HELD THAT - Asessee was selected for limited scrutiny under CASS and statutory notices were issued and duly served upon the assessee. The reason for which the case of the assessee was selected for limited scrutiny was cash withdrawals during FY 2016-17. We note that during the course of assessment proceedings the said issue was not discussed at all however AO examined the issue of suppression of sales by the assessee on the basis of bank account maintained with SBI Kaliganj and found that the turnover of the assessee was only Rs. 1, 29, 44, 244/- as against the total credits in the bank account amounting to Rs. 7, 84, 62, 187/-. Accordingly AO estimated the income @ 4.34% of the undisclosed sales of Rs. 6, 25, 17, 943/- which is apparently and arguably not the issue in the limited scrutiny. In our opinion the said action of Ld. AO is in violation of the CBDT Circular No. 5/2016 dated 14.07.2016 which provides for the procedure to be followed for conversion of limited scrutiny into the complete scrutiny. In our opinion the action of Ld. AO is not sustainable as the same is in violation of the said circular. The assessment framed by AO is invalid and is hereby quashed. Accordingly the additional ground raised by the assessee is allowed.

Summary

ISSUES PRESENTED and CONSIDERED

The core legal question considered in this judgment was whether the Assessing Officer (AO) exceeded his jurisdiction by making additions to the assessee's income on issues not covered under the 'Limited Scrutiny' parameters, without converting the assessment into 'Complete Scrutiny' as per the guidelines issued by the Central Board of Direct Taxes (CBDT). The appeal also questioned the legality of the assessment order due to the lack of prior approval from the Principal Commissioner of Income Tax (Pr. CIT) for expanding the scope of scrutiny.

ISSUE-WISE DETAILED ANALYSIS

Relevant Legal Framework and Precedents

The case revolves around the CBDT's Instruction No. 20/2015 and Instruction No. 5/2016, which outline the procedures for handling cases selected for 'Limited Scrutiny' under the Computer Aided Scrutiny Selection (CASS) system. These instructions specify that the scope of enquiry in 'Limited Scrutiny' cases should be confined to the issues that triggered the scrutiny. They also allow conversion to 'Complete Scrutiny' if there is credible evidence of potential income under-assessment, provided the AO obtains written approval from the Pr. CIT.

Court's Interpretation and Reasoning

The Tribunal found that the AO had overstepped his jurisdiction by addressing issues beyond the scope of 'Limited Scrutiny' without obtaining the necessary approval for conversion to 'Complete Scrutiny'. The Tribunal noted that the AO's actions were in clear violation of the CBDT instructions, which are binding on the tax authorities.

Key Evidence and Findings

The AO had issued a show cause notice to the assessee regarding undisclosed sales based on discrepancies between the bank credits and the sales reported in the trading account. The AO added an estimated income based on these undisclosed sales, which was not the subject of the original 'Limited Scrutiny'. The Tribunal found that the AO did not follow the procedure for converting the scrutiny type, thus rendering the assessment order invalid.

Application of Law to Facts

The Tribunal applied the CBDT instructions to the facts of the case, concluding that the AO's failure to adhere to the prescribed procedures for expanding the scope of scrutiny invalidated the assessment order. The Tribunal emphasized that any deviation from the 'Limited Scrutiny' scope requires a formal conversion to 'Complete Scrutiny' with proper authorization.

Treatment of Competing Arguments

The assessee argued that the AO's actions were illegal and arbitrary, as they violated CBDT instructions. The Revenue contended that the additions were justified based on the findings of undisclosed sales. However, the Tribunal sided with the assessee, emphasizing the procedural lapses by the AO.

Conclusions

The Tribunal concluded that the assessment order was invalid due to the AO's failure to follow the CBDT's procedural requirements for converting 'Limited Scrutiny' to 'Complete Scrutiny'. As a result, the additions made by the AO were quashed.

SIGNIFICANT HOLDINGS

Core Principles Established

The Tribunal reinforced the principle that tax authorities must strictly adhere to the procedural guidelines set forth by the CBDT when conducting scrutiny assessments. Any expansion of the scope in 'Limited Scrutiny' cases requires prior approval and must follow the established procedures.

Final Determinations on Each Issue

The Tribunal allowed the appeal filed by the assessee, quashing the assessment order due to the procedural violations by the AO. The Tribunal did not address other issues raised on merit, as the legal issue regarding the validity of the assessment order was dispositive.