2021 (10) TMI 781 - AT - Income Tax

Revision u/s 263 by CIT - unexplained cash credit under section 68 - according to PCIT, the Assessing Officer has not applied his mind on settlement made by the assessee - HELD THAT - The present assessment order passed by the Assessing Officer under section 143(3) read with section 254 on the directions of co-ordinate Bench of this Tribunal in order to verify the claim of the assessee that assessee has settled liabilities. AO duly verified the same based on the information submitted by the assessee - assessee has settled the liabilities based on the various rights given to the parties of the picture TRISHAKTI and assessee has submitted the copies of the document/ pro note before the Assessing Officer and Assessing Officer has duly verified and accepted the settlement made by the assessee. Now, the learned PCIT verified the same and verified the various submissions made by the assessee in his 263 proceedings and he once again given a direction to the Assessing Officer to verify the settlement made by the assessee whether such settlement is proper as per law and according to PCIT, the Assessing Officer has not applied his mind and duly verified the above said settlement. In our considered view we noticed that Assessing Officer has verified the information submitted by the assessee based on the directions from co-ordinate Bench of this Tribunal and as such, the learned PCIT has not found anything to prove that assessment order is erroneous or prejudicial to the interest of the Revenue except expressing his doubt on the proceedings. - Decided in favour of assessee.

Issues Involved:
1. Legality of reopening/initiation of proceedings under Section 263 of the Income Tax Act, 1961.
2. Validity of the cancellation of the Assessment Order by the PCIT and the direction to pass a fresh assessment order.

Issue-wise Detailed Analysis:

1. Legality of Reopening/Initiation of Proceedings under Section 263 of the Income Tax Act, 1961:

The appeal by the assessee challenges the revision order passed by the Principal Commissioner of Income Tax (PCIT) under Section 263 of the Income Tax Act, 1961, which set aside the assessment framed by the Assessing Officer (AO). The assessee argued that the PCIT erred in law and facts by reopening the proceedings under Section 263. The initial assessment was completed on 31.03.2005, determining the income at ?49.5 lakhs due to hawala loans and interest on such loans. This assessment was contested up to the ITAT, which remitted the issue back to the AO multiple times for verification of the loan transactions. The AO, after several rounds of verification, accepted the assessee's submissions and completed the assessment without any additions. However, the PCIT observed that the AO did not make proper inquiries and that the assessment order was prejudicial to the interest of the Revenue, leading to the issuance of a notice under Section 263.

2. Validity of the Cancellation of the Assessment Order by the PCIT and the Direction to Pass a Fresh Assessment Order:

The PCIT's notice questioned the AO's decision to accept the assessee's claim of having settled loans through rights in the movie "Trishakti" without proper verification. The PCIT found the explanation provided by the assessee unsatisfactory, noting that the documentary evidence of loan repayment was not submitted. The PCIT concluded that the AO's order was erroneous and prejudicial to the Revenue's interest, directing the AO to re-examine the issue. The assessee contended that all necessary documents were provided, and the AO had duly verified the transactions as per ITAT's directions. The assessee also argued that the PCIT introduced new reasons in his order without giving the assessee an opportunity to respond, which is against the principles of natural justice.

Tribunal's Findings:

The Tribunal observed that the AO had followed the ITAT's directions and verified the loan settlements based on the information provided by the assessee. The AO accepted the settlement of liabilities through rights in the movie "Trishakti" after due verification. The Tribunal found that the PCIT did not provide any concrete evidence to prove that the AO's order was erroneous or prejudicial to the Revenue's interest, except for expressing doubts. The Tribunal referenced a similar case (Baba Sai Films vs. PR CIT) where the ITAT had set aside the PCIT's order under Section 263, emphasizing that the AO's order was based on a possible view and due verification.

The Tribunal concluded that the AO had taken a reasonable and possible view in the assessment order, and the PCIT's action to revise the AO's order without conducting an independent inquiry was untenable. Consequently, the Tribunal set aside the PCIT's order and allowed the assessee's appeal.

Conclusion:

The appeal by the assessee was allowed, and the PCIT's order under Section 263 was set aside. The Tribunal held that the AO had duly verified the loan settlements as per ITAT's directions, and the PCIT's revision of the AO's order without specific errors and independent inquiry was not justified. The Tribunal emphasized that the AO's order was based on a possible and reasonable view, and the PCIT's doubts alone could not render the AO's order erroneous or prejudicial to the Revenue's interest.

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