2018 (8) TMI 1125 - AT - Income Tax

Revision u/s 263 - PCIT observed that assessee has made irregular adjustments - deduction of interest expenses - capitalization of interest expenses in the cost of construction - Held that - After considering the reply of the assessee the assessing officer disallowed net of the interest received - The assessing officer has adopted one of the courses permissible in law. Hence, the order may be prejudicial to the interest of revenue but not erroneous. Therefore, the twin condition as enunciated under section 263 is not fulfilled. - Decided in favor of assessee.

Summary

Issues Involved:
1. Validity of initiating revision proceedings under Section 263 of the Income Tax Act.
2. Correctness of the revision made in the Assessment Order regarding interest expenses and their deduction under Sections 36(1)(iii) and 57(iii) of the Income Tax Act.

Issue-Wise Detailed Analysis:

1. Validity of Initiating Revision Proceedings under Section 263 of the Income Tax Act:
The assessee contested the initiation of revision proceedings under Section 263 by the Principal Commissioner of Income Tax (PCIT). The PCIT had observed that the assessment order was erroneous and prejudicial to the interest of the revenue due to an irregular adjustment of ?1,08,74,428/- in interest income. The assessee argued that the assessment order passed under Section 143(3) was made after considering all facts and applying the mind, thus it could not be considered erroneous. The Tribunal referred to the Supreme Court's judgment in Malabar Industrial Co. Ltd. vs. CIT, which clarified that for Section 263 to be invoked, the order must be both erroneous and prejudicial to the revenue. The Tribunal found that the Assessing Officer (AO) had indeed examined the issue of interest expenses and had taken a permissible view in law. Therefore, the order might be prejudicial to the revenue but was not erroneous, failing the twin conditions required under Section 263. Consequently, the initiation of revision proceedings was deemed invalid.

2. Correctness of the Revision Made in the Assessment Order Regarding Interest Expenses:
The PCIT had directed the AO to disallow the entire interest expenses of ?2,79,72,158/- instead of ?1,08,74,428/- and to capitalize the disallowed interest to work-in-progress (WIP). The assessee argued that the interest expenses were deductible under Sections 36(1)(iii) and 57(iii) as they were incurred for business purposes and had a direct nexus with the business. The Tribunal noted that the AO had raised proper queries and examined the details regarding the secured and unsecured loans and their utilization during the assessment. The AO had disallowed a portion of the interest expenses after considering the assessee's submissions. The Tribunal emphasized that if the AO had adopted one of the permissible views in law, the order could not be considered erroneous merely because the PCIT disagreed with it. Citing several judicial precedents, including CIT vs. Max India Ltd., the Tribunal concluded that the AO's decision was a plausible view and could not be revised under Section 263. Thus, the revision made by the PCIT was not justified.

Conclusion:
The Tribunal allowed the appeal filed by the assessee, setting aside the revision proceedings initiated under Section 263 and the subsequent revision made in the assessment order regarding the disallowance of interest expenses. The Tribunal held that the AO had taken a permissible view in law, and the conditions for invoking Section 263 were not satisfied.