2021 (8) TMI 164 - AT - Income Tax

Revision u/s 263 - exemption u/s 11 of the Act in respect of anonymous donations denied - Denial of natural justice as argued - CIT(E) noticed that the AO has not completed the assessment as per the provisions of section 13(7) - Also AO has not charged the interest under section 234A and B - HELD THAT - There is no dispute that except the show cause notice dated 21.02.2018, the CIT(E) has not issued any other notice to the assessee and further the impugned order was passed on the very date when the case was first time fixed for hearing. The assessee was not given an opportunity to explain the cause and reasons for non-appearance on 28th February, 2018. Hence, in the facts and circumstances of the case, we are of the considered opinion that the assessee was not given any effective and proper opportunity of hearing before passing the impugned revision order by the CIT(E). Hence in the interest of justice, we set aside the impugned revision order passed by the CIT(E) under section 263 and remand the matter to the record of the CIT(E) for deciding the same afresh after giving an appropriate opportunity of hearing to the assessee. Though the assessee has raised various objections against the jurisdiction invoked by the CIT(E) however, since these objections could not be raised before and considered by the CIT(E) while passing the impugned ex parte order therefore, the same may be raised before the CIT(E) in the set aside proceedings and after considering the same, the CIT(E) shall pass afresh orders - Appeal of the assessee is allowed for statistical purposes.

Summary

Issues:
1. Revision order under section 263 of Income Tax Act for assessment year 2013-14.
2. Validity of direction for fresh assessment.
3. Application of mind by Assessing Officer in assessment order under section 143(3).
4. Proper inquiry by Assessing Officer regarding donations.
5. Compliance with provisions of section 13(7) of the Act.
6. Charging of interest under sections 234A and 234B.
7. Opportunity of being heard and principles of natural justice.
8. Jurisdiction of CIT(E) under section 263.
9. Definition of anonymous donation under section 115BBC.

Detailed Analysis:
1. The appeal challenged a revision order under section 263 of the Income Tax Act for the assessment year 2013-14, where the Commissioner set aside the assessment order due to errors and lack of proper inquiry by the Assessing Officer.

2. The appellant contested the direction for a fresh assessment, arguing that the assessment order was already under appeal before the first appellate authority, making the direction unenforceable.

3. The issue of whether the Assessing Officer applied his mind adequately in the assessment order under section 143(3) was raised, emphasizing that the officer had considered various verification methods before finalizing the assessment.

4. Concerns were raised about the proper inquiry conducted by the Assessing Officer regarding donations, with the appellant claiming that the assessment was based on due inquiry and challenging the Commissioner's assertion of lack of proper investigation.

5. The Commissioner noted non-compliance with section 13(7) of the Act in the assessment, highlighting the failure to examine the claim of exemption under section 11 in relation to anonymous donations.

6. The failure of the Assessing Officer to charge interest under sections 234A and 234B was deemed prejudicial to the interest of Revenue, contributing to the decision to set aside the assessment order.

7. The appellant argued against the ex-parte nature of the order, citing lack of proper opportunity to be heard and invoking principles of natural justice, emphasizing the importance of a fair hearing before finalizing any order.

8. Jurisdictional issues regarding the Commissioner's authority under section 263 were raised, questioning the validity of the revision order and the necessity of proper compliance with statutory requirements.

9. The definition of anonymous donations under section 115BBC was discussed, with the appellant contending that the donations in question did not fit the criteria for anonymous donations, challenging the application of section 115BBC.

This detailed analysis covers the various legal issues raised in the judgment, providing a comprehensive understanding of the case and the arguments presented by the parties involved.