2021 (4) TMI 38 - AT - Income Tax

Revision u/s 263 - unexplained time deposits and cash deposits - whether PCIT has erred in issuing show case notice u/s. 263 without mentioning the DIN? - notice U/s.148 of the Act was issued on account of the reasons that the assessee has deposited certain cash in his bank account maintained with Bharatpur Urban Cooperative Bank - Pr. CIT has however stated that the order so passed by the Assessing Officer is erroneous so far as it is prejudicial to the interest of the Revenue as the order is based on mistaken view of law and erroneous application of provisions of the Act - HELD THAT - We however find that how the order so passed by the AO is based on mistaken view of law or how the AO has erroneous applied the provisions of the law has not been spelt out by the ld. Pr. CIT. Further, there is a clear finding given by the Assessing Officer in the assessment order, as we have noted above, where the assessee was asked to explain the nature and source of the cash deposit in his bank account and after considering the submissions so filed by the assessee along with corroborative evidences that the source of such cash deposits are out of his agricultural produce, the cash deposits were found duly explained and the returned income was accepted. Therefore, the findings of the ld. Pr. CIT that the assessee failed to submit the source of cash deposit made in his bank account and the AO has not made proper investigation and verification of the issue is borne out of the records and therefore cannot be accepted. In view of the same, we are of the considered view that there is no basis to hold that the order so passed by the Assessing Officer is erroneous in so far as it is prejudicial to the interest of the Revenue. In view of the same, other contention raised by the Ld. AR regarding non-quoting of DIN is considered not necessary to adjudicate and left open. - Decided in favour of assessee.

Issues:
1. Setting aside of assessment order under section 143(3)/147.
2. Issuance of show cause notice under section 263 without mentioning DIN.
3. Passing order under section 263 mentioning DIN.

Issue 1: Setting aside of assessment order under section 143(3)/147

The appellant appealed against the order of the Principal CIT(A) for the assessment year 2011-12. The assessment was initially completed under sections 147 r/w 143(3) at the returned income. Subsequently, a show-cause notice was issued under section 263, leading to the assessment order being deemed erroneous and prejudicial to the interest of Revenue due to the AO's failure to verify the source of cash deposits. The order was set aside for further examination. The appellant contended that the AO had made thorough inquiries and examined documentary evidence before accepting the agricultural income. The appellant argued that the order was not erroneous, and the PCIT had substituted his opinion without proper basis. Legal precedents were cited to support the argument that the AO had applied his mind during assessment. The appellant further emphasized that the assessment order could not be considered prejudicial to the revenue's interest. The Tribunal found merit in the appellant's contentions, holding that the AO's order was not erroneous or prejudicial to the Revenue's interest, thereby allowing the appeal.

Issue 2: Issuance of show cause notice under section 263 without mentioning DIN

The appellant challenged the show cause notice and order under section 263 for failing to mention the Document Identification Number (DIN) as per Circular No. 19/2019. The appellant argued that the absence of DIN rendered the notice and order invalid and non est in law. The CIT DR, however, contended that the source of cash deposits was not verified by the AO, justifying the PCIT's actions. The CIT DR also argued that Circular No. 19/2019 primarily applied to assessment proceedings and did not extend to revision proceedings. The appellant reiterated the importance of DIN as per the circular and cited relevant legal provisions and press releases to support the argument that the notice and order were invalid due to the absence of DIN. The Tribunal noted the circular's applicability to all communications by income tax authorities and found that the absence of DIN in the show cause notice and order under section 263 rendered them invalid and non est in law, thereby upholding the appellant's contention.

Issue 3: Passing order under section 263 mentioning DIN

The Tribunal did not delve into this issue as it was considered unnecessary to adjudicate and was left open, given the findings on the previous issues.

In conclusion, the Tribunal allowed the appeal, finding that the assessment order was not erroneous or prejudicial to the Revenue's interest. Additionally, the show cause notice and order under section 263 were deemed invalid due to the absence of DIN, as per Circular No. 19/2019. The Tribunal's decision was based on a thorough analysis of the facts, legal arguments, and relevant precedents presented by the parties involved.

← Previous Next →