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2016 (12) TMI 56 - AT - Income TaxRevision u/s 263 - Computation of deduction u/s 36(1)(viia) - Held that - the present case, the assessee had given the break-up of each branch. The assessee in its computation of revised total income/loss clearly mentioned that deduction u/s 36(1)(viia) of the Act was claimed @ 10% of average agricultural advances of ₹ 801.56 crores. Thereafter, the AO after examining the aforesaid details came to the conclusion that the claim of the assessee was allowable and he accordingly allowed the claim of the assessee u/s 36(1)(viia) of the Act. The said claim was in accordance with law and as provided in the provisions of Section 36(1)(viia) of the Act. AO made the proper inquiry/investigation on the issue under consideration and the ld. CIT simply directed the AO to re-examine the claim u/s 36(1)(viia) of the Act afresh. He nowhere recorded a finding that the inquiry made by the AO was erroneous and did not point out any error or mistake made by the AO. Therefore, the action of the ld. CIT in setting aside the assessment order passed by the AO was not justified. - Decided in favour of assessee
Issues Involved:
1. Assumption of jurisdiction under Section 263 by the CIT. 2. Adequacy of the Assessing Officer's (AO) inquiries and the validity of the original assessment order. 3. The legality of the CIT's direction to re-examine the claim under Section 36(1)(viia). Issue-wise Detailed Analysis: 1. Assumption of Jurisdiction under Section 263 by the CIT: The primary issue raised by the assessee was the CIT’s assumption of jurisdiction under Section 263 of the Income Tax Act, 1961. The assessee contended that the CIT erred in invoking Section 263 to direct the AO to re-examine the claim under Section 36(1)(viia). The CIT initiated proceedings under Section 263 on the grounds that the AO did not properly examine the details regarding provisions for bad and doubtful debts and accepted the assessee’s claim without adequate scrutiny. The CIT observed that the AO’s acceptance of the revised claim without calling for relevant details or a revised audit report rendered the assessment order erroneous and prejudicial to the interests of the Revenue. 2. Adequacy of the AO's Inquiries and Validity of the Original Assessment Order: The assessee argued that the AO conducted adequate and comprehensive inquiries before framing the original assessment order under Section 143(3). The AO had asked for various details, including the computation of deduction under Section 36(1)(viia), working of provision for bad debts, and branch-wise details of advances. The assessee provided these details, and the AO, after examining them, allowed the claim. The assessee contended that the AO’s inquiries were sufficient, and the CIT could not substitute his judgment for that of the AO. 3. Legality of the CIT's Direction to Re-examine the Claim under Section 36(1)(viia): The CIT directed the AO to re-examine the claim under Section 36(1)(viia) afresh, stating that the AO did not properly scrutinize the details. However, the Tribunal noted that the AO had indeed made inquiries and examined the details provided by the assessee. The Tribunal emphasized that the CIT could not direct the AO to re-examine the claim merely because he had a different opinion. The Tribunal cited various judicial precedents, including the Hon’ble Jurisdictional High Court’s rulings, which held that the CIT could not invoke Section 263 to direct a re-inquiry if the AO had already conducted adequate inquiries and applied his mind to the facts. Conclusion: The Tribunal concluded that the AO had made proper inquiries and allowed the claim under Section 36(1)(viia) after being satisfied with the details provided by the assessee. The CIT’s direction to re-examine the claim was not justified as he did not point out any specific errors or mistakes in the AO’s order. The Tribunal set aside the CIT’s order, holding that the original assessment order was neither erroneous nor prejudicial to the interests of the Revenue. The appeal of the assessee was allowed.
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