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2014 (12) TMI 221 - AT - Income TaxValidity of invocation of section 263 by AO Revision/reopening of assessment made u/s 143(3) opportunity of being heard provided to assessee or not - Assessee contended that notice has been issued u/s 263, and assessee submitted detailed reply raised on various issues by the CIT, Kota for P.F. and E.S.I. Held that - The AO made additions in original assessment under three heads - on verification of facts, both the parties i.e. revenue as well as appellant are silent whether these enclosures were furnished by the appellant before the AO and considered these evidences before passing the order u/s 143(3) it has already been held in various judgments that the AO is a quasi-judicial authority as well as investigator of the case - He simply does not put it on record the details on record but make proper inquiry before passing order u/s 143(3) of the Act, which is not reflected from the order itself as he has not applied his mind even he has not mentioned date of order in the order itself, there was a lack of inquiry and AO made this assessment within 15 days from the reply submitted by the assessee even query letter was issued by him on 01/6/2011 AO completed this assessment because it was barred by limitation by 31st December, 2011without appreciating the fact of the case - CIT has provided reasonable opportunity of being heard and order was passed within time by the CIT under subsection (2) of Section 263 thus, the order of the CIT is upheld Decided against assessee.
Issues Involved:
1. Validity of the revision/reopening of the assessment under Section 263 of the Income Tax Act. 2. Opportunity of being heard and the order being time-barred. 3. Specific errors identified by the Commissioner of Income Tax (CIT) in the original assessment. Issue-Wise Detailed Analysis: 1. Validity of the revision/reopening of the assessment under Section 263 of the Income Tax Act: The learned Commissioner of Income Tax (CIT), Kota, invoked Section 263 of the Income Tax Act, 1961, to revise the assessment order dated 28/12/2011. The CIT found that the Assessing Officer (A.O.) completed the assessment under Section 143(3) in a routine manner without proper verification and investigation, rendering the order erroneous and prejudicial to the interest of the revenue. The CIT relied on various judicial precedents, including the Hon'ble Delhi High Court in the case of Gee Vee Enterprises Vs. Addl. CIT and the Hon'ble Supreme Court in Rampyari Devi Sarogi Vs. CIT, to support the invocation of Section 263. 2. Opportunity of being heard and the order being time-barred: The assessee contended that the order under Section 263 was invalid as they were not provided a proper opportunity of being heard and that the order was time-barred. The CIT issued a show-cause notice and fixed hearings on multiple dates. The assessee submitted detailed replies and supporting documents. However, the final order was passed on 24/03/2014 and delivered on 07/04/2014. The assessee argued that the order should have been pronounced before the due date of limitation, making the revisionary order invalid. 3. Specific errors identified by the Commissioner of Income Tax (CIT) in the original assessment: - Late Deposited PF and ESI: The CIT noted that the employee's contribution to PF amounting to Rs. 12,342/- and ESI amounting to Rs. 6,101/- were deposited late, which should have been considered by the A.O. during the original assessment. - Interest Paid and Received: The assessee received interest of Rs. 5,575/- from the Bank of Rajasthan, which was also debited, leading to double counting. The CIT found that the A.O. failed to disallow the interest provision under Section 43B. - TCS on Scrap Sales: The assessee did not deduct TCS on scrap sales amounting to Rs. 2,50,39,512/-, leading to a tax effect of Rs. 2,50,395/-. The CIT proposed adding this amount to the assessee's income and imposing a penalty under Section 221. - Bad Debts: The assessee claimed bad debts of Rs. 1,80,694/- from Uttam Galva Steel Ltd., which the CIT found unallowable as the creditor had an outstanding balance of Rs. 1.20 crores. - Currency Fluctuation: The assessee debited Rs. 4,92,692/- for currency fluctuation on purchases from European Metal Recycling Ltd. UK, without making any payment till the year-end. Similarly, Rs. 93,727/- was debited for currency fluctuation with Hindaf Metal Mining (T) Ltd. The CIT found these amounts not allowable under Section 37. The CIT concluded that the A.O. passed the assessment order without proper inquiry and verification, making it erroneous and prejudicial to the revenue's interest. The CIT directed the A.O. to frame the assessment de novo after proper inquiry and verification. Conclusion: The appellate tribunal upheld the CIT's order, confirming that the original assessment was erroneous and prejudicial to the revenue's interest. The tribunal dismissed the assessee's appeal, emphasizing the lack of proper inquiry by the A.O. and the validity of the CIT's revision under Section 263. The tribunal found that the CIT provided reasonable opportunity for being heard and passed the order within the prescribed time limit. The appeal was dismissed, and the CIT's order was confirmed.
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