2016 (10) TMI 598 - AT - Income Tax

Validity of revision order u/s 263 - Held that - PCIT had issued the show cause notice u/s 263 even without examining the assessment records. Such type of practice is contrary to transparent and fair working and not appreciated in the eyes of law. The assumption of jurisdiction u/s 263 is based upon a valid show cause notice issued u/s 263. The entire premise of the Ld. Principal CIT in issuing show cause notice u/s 263 for holding the impugned assessment order as erroneous and prejudicial to the interest of the revenue is built upon incorrect facts. Further, no proper allegation could be made against the assessee by the Ld. PCIT while framing order u/s 263. Inspite of exhaustive exercise done in the 263 proceedings, the ld. PCIT could not find anything to hold that the impugned loss was not allowable at all by any stretch of imagination under the law. When exhaustive details and documentary evidences were submitted by the assessee before the AO and the assessment order was framed after examining the exhaustive details and evidences, the recourse available for the Ld. PCIT for revision u/s 263 to was to hold that the loss has been wrongly allowed by the AO and view taken by the AO was not at all a plausible view in the eyes of law. Unless such a finding is recorded by Ld. PCIT, especially where exhaustive exercise has been done by the AO, the order of the AO in allowing the impugned loss could not have been held to be erroneous. Same is missing here, Thus, we find that the order passed by the Ld. PCIT is without application of proper mind and beyond the parameters of law and we find the same to be nullity in the eyes of law and the same is, therefore, hereby quashed. - Decided in favour of assessee

Summary

Issues Involved:
1. Validity of the order passed under Section 263 of the Income Tax Act, 1961.
2. Whether the Principal Commissioner of Income Tax (PCIT) erred in setting aside the assessment order passed by the Assessing Officer (AO) under Section 143(3).
3. Examination of the operational expenses and interest debited in the Profit & Loss Account.

Detailed Analysis:

1. Validity of the Order Passed Under Section 263 of the Income Tax Act, 1961:
The appeal was filed by the assessee against the order passed under Section 263 by the Principal Commissioner of Income Tax (PCIT). The PCIT issued a show cause notice to the assessee, stating that the AO had passed the assessment order without making proper inquiry and verification of various financial and documentary evidence. The PCIT held the assessment as erroneous and prejudicial to the interest of the revenue and directed the AO to pass a fresh assessment order. The Tribunal examined whether the PCIT had valid grounds to assume jurisdiction under Section 263.

2. Error in Setting Aside the Assessment Order Passed by the AO:
The assessee argued that detailed inquiries were made by the AO during the assessment proceedings, and exhaustive replies and documentary evidence were submitted. The PCIT, however, did not examine the assessment record before issuing the show cause notice under Section 263. The Tribunal noted that the PCIT dropped the allegation regarding interest expenses but held the assessment order as erroneous concerning the operational expenses. It was highlighted that the PCIT's allegations were factually incorrect and contrary to the documentary evidence on record. The Tribunal found that the PCIT issued the show cause notice without examining the assessment records, which is contrary to transparent and fair working practices.

3. Examination of Operational Expenses and Interest Debited:
The PCIT issued the show cause notice on two grounds: the allowability of operational expenses of ?8.79 crores and the interest expenses of ?3.96 crores. The PCIT accepted the assessee's arguments regarding the interest expenses and dropped this ground. However, concerning the operational expenses, the PCIT held that the AO did not make proper verification. The Tribunal examined the details and documentary evidence submitted by the assessee, including quantitative stock positions, broker's ledger accounts, and DEMAT settlement accounts. It was found that exhaustive details and evidences were submitted to the AO, who duly examined them before passing the assessment order. The Tribunal concluded that the PCIT's assumption of jurisdiction under Section 263 was based on incorrect facts and without proper application of mind.

Conclusion:
The Tribunal quashed the order passed by the PCIT under Section 263, finding it to be without proper application of mind and beyond the parameters of law. The appeal of the assessee was allowed, and the order pronounced on 21st September, 2016.