Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2024 (11) TMI AT This

  • Login
  • Cases Cited
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2024 (11) TMI 424 - AT - Income Tax


Issues Involved:

1. Legitimacy of the Principal Commissioner of Income Tax's (Pr. CIT) invocation of Section 263 of the Income Tax Act.
2. Whether the Assessment Officer (AO) conducted adequate inquiry into the assessee's claim of business loss from derivative transactions.
3. Determination of whether the AO's order was erroneous and prejudicial to the interest of the revenue.

Detailed Analysis:

1. Legitimacy of the Pr. CIT's Invocation of Section 263:

The Pr. CIT invoked Section 263 of the Income Tax Act, alleging that the AO's order was erroneous and prejudicial to the interest of the revenue due to inadequate inquiry into the assessee's claim of loss from derivative transactions through M/s Xpro Securities. The assessee contended that the AO had already scrutinized the claim during both the original assessment and the reassessment proceedings, and thus the Pr. CIT's invocation of Section 263 was unwarranted. The Tribunal found that the AO had indeed conducted inquiries during the assessments, and the Pr. CIT's action was not justified as it was based on a different opinion rather than a lack of inquiry.

2. Adequacy of AO's Inquiry into the Assessee's Claim:

The AO had issued notices under Section 142(1) during both the original and reassessment proceedings, specifically querying the short-term capital loss claimed by the assessee. The assessee responded with detailed documentation, including bank statements, F&O ledgers, and broker notes, which the AO considered before accepting the return income. The Tribunal noted that the AO's inquiry was adequate and that the Pr. CIT did not provide any independent evidence to counter the AO's findings. The AO's acceptance of the assessee's claim was based on the material on record, and the Tribunal held that the AO's inquiry was sufficient.

3. Erroneous and Prejudicial Nature of the AO's Order:

The Pr. CIT argued that the AO's order was erroneous and prejudicial to the revenue because it failed to disallow the alleged fictitious loss. However, the Tribunal emphasized that the AO had conducted inquiries and was satisfied with the evidence provided by the assessee. The Tribunal also observed that the Pr. CIT did not conduct any independent inquiry to substantiate the claim of fictitious losses. The Tribunal concluded that the AO's order was not erroneous or prejudicial to the interest of the revenue, as the AO had adopted one of the permissible courses of action based on the evidence.

Conclusion:

The Tribunal held that the Pr. CIT's invocation of Section 263 was not justified, as the AO had conducted adequate inquiries and the order was neither erroneous nor prejudicial to the interest of the revenue. The Tribunal set aside the Pr. CIT's order, allowing the appeal in favor of the assessee. The decision underscores the principle that an order cannot be deemed erroneous or prejudicial merely because the Pr. CIT holds a different opinion, especially when the AO has conducted a proper inquiry.

 

 

 

 

Quick Updates:Latest Updates