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2016 (7) TMI 564 - AT - Income TaxRevision u/s 263 - mistake in finding of act of the AO regarding on money transactions - Held that - CIT did not bring on record any material or evidence to point out any mistake in finding of act of the AO regarding on money transactions. No reason has been given by the Ld. CIT for the deduction allowed against the income which has not been correctly computed as per provisions of the Act. For the following reasons also the order passed by the learned CIT u/s. 263 totally fails to meet the jurisdictional requirements of section 263 of the I.T. Act, 1961. (i) The issue communicated to the assessee in the show cause notice was thoroughly examined at the time of original assessment and, therefore, there was complete application of mind on the part of the Assessing Officer on this issue. (ii) Further, the Assessing Officer at the time of original assessment has adopted a view which is consistent with the view adopted by the Department itself in the preceding assessment year and, therefore, the view taken by the Assessing Officer gets supported from the principles of consistency of approach when the facts and circumstances are similar. (iii) Thus, when the Assessing Officer has taken a plausible view after thorough application of mind and after making detailed enquiry, the learned CIT cannot substitute his view by assuming jurisdiction u/s.263 of the I.T. Act. - Revision order u/s 263 quashed - Decided in favour of assessee
Issues Involved:
1. Jurisdiction of CIT under Section 263 of the Income Tax Act, 1961. 2. Examination and computation of 'on money' transactions. 3. Principles of Natural Justice in the issuance of show cause notice. 4. Doctrine of Merger and its applicability. 5. Consistency in the application of law across assessment years. Issue-wise Detailed Analysis: 1. Jurisdiction of CIT under Section 263 of the Income Tax Act, 1961: The primary issue was whether the Commissioner of Income Tax (CIT) had the jurisdiction to revise the assessment order under Section 263 of the Income Tax Act, 1961. The CIT assumed jurisdiction under Section 263, claiming that the assessment order dated 22.07.2011 was erroneous and prejudicial to the interests of the Revenue. The Tribunal held that the CIT did not bring any material or evidence to point out any mistake in the findings of the Assessing Officer (AO) regarding 'on money' transactions. The Tribunal emphasized that every erroneous order cannot be revised unless it is also prejudicial to the interest of the revenue, citing the Supreme Court's decision in Malabar Industrial Co. Ltd. (243 ITR 83). 2. Examination and Computation of 'On Money' Transactions: The AO had assessed the income from 'on money' transactions based on seized documents and allowed deductions for expenses against such income. The CIT contended that the AO did not correctly compute the undisclosed income and that an extrapolation was required based on certain documents. However, the Tribunal found that the AO had thoroughly examined the seized documents and computed the 'on money' transactions accurately. The Tribunal also noted that the CIT's assumption of extrapolation was not valid when the AO had already considered all seized documents. 3. Principles of Natural Justice in the Issuance of Show Cause Notice: The assessee received the show cause notice under Section 263 on 21.03.2014, with a hearing scheduled for 25.03.2014. The Tribunal found that the CIT was not available on the scheduled date, and thus, the assessee was not afforded an adequate opportunity to be heard. The Tribunal held that any order passed without providing a fair opportunity to the assessee is void ab initio, citing relevant case laws. 4. Doctrine of Merger and its Applicability: The Tribunal addressed the applicability of the Doctrine of Merger, noting that the assessment order had already been the subject of an appeal before the CIT(A). The Tribunal held that the issues considered and decided in the appeal could not be revised under Section 263, referring to the case of CIT vs. Nirma Chemical Works (P) Ltd. (309 ITR 67). 5. Consistency in the Application of Law Across Assessment Years: The Tribunal observed that the CIT's approach for the assessment year 2004-05 and subsequent years was contradictory and against the principles of consistency. The Tribunal cited the Supreme Court's decision in Radha Soami Satsang vs. CIT (193 ITR 321), which emphasized the need for consistency in the absence of any material change in facts or circumstances. Conclusion: The Tribunal quashed the orders passed by the CIT under Section 263 for all the assessment years in question, holding that the CIT did not have the jurisdiction to revise the assessment orders. The Tribunal found that the AO had thoroughly examined the seized documents and computed the 'on money' transactions accurately. The Tribunal also emphasized the importance of providing a fair opportunity to the assessee and maintaining consistency in the application of law. Consequently, all five appeals filed by the assessee were allowed.
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