2022 (1) TMI 593 - AT - Income Tax

Revision u/s 263 by CIT - genuine Capital gain/loss - case was selected for scrutiny under CASS and notice u/s. 143(2) and 142(1) - assessee also claimed deduction u/s. 54EC - HELD THAT - We noticed from the record that the case of the assessee is selected for scrutiny for limited purpose in order to verify only the transactions relating to long term capital gain and accordingly, Assessing Officer issued notices and questionnaire to collect information from the assessee and from the record we noticed that assessee has submitted all the relevant information relating to long term capital gain and has submitted that same transactions were carried in A.Y.2015-16. Assessing Officer has verified the same and allowed the claim of the assessee. The informations submitted before us clearly indicate that AO has collected all the relevant information and the same Assessing Officer who has assessed the income of the assessee in the A.Y. 2015-16 wherein assessee has sold same shares and made investment and accordingly Assessing Officer has accepted the submissions of the assessee and taken one of the possible view that transactions are in order. Various courts have held that in order to invoke provisions of section 263 of the Act twin conditions has to be fulfilled i.e., not only erroneous but also has to be prejudicial to the interest of the Revenue. In the given case Ld. Pr.CIT has never found/quantified the prejudicial to the interest of the Revenue. In our considered view, he cannot invoke the provisions of section 263(1) when the Assessing Officer has made the enquiry and formed an opinion. The facts on record indicate that the issue involved are similar to the facts in the previous assessment year and also in the case of other family members. Ld. Pr.CIT has not brought nothing on record to show that Assessing Officer actually has passed the order without making any enquiry or verification. As found from the record that Assessing Officer has verified the transactions in the present assessment year as well as in the previous assessment year i.e. A.Y.2015-16. He reached the conclusion based on the verification he carried on in the previous assessment year and case of the other family members. Therefore Pr.CIT cannot invoke provisions of section 263 of the Act as well as Explanation 2 to section 263 of the Act in the present case when the Assessing Officer has made verification and also formed his opinion - Decided in favour of assessee.

Summary

Issues Involved:
1. Validity of Revision under Section 263
2. Alleged Violation of Natural Justice
3. Computation of Capital Gains as per Law
4. Claim for Exemption under Section 54EC

Issue-wise Detailed Analysis:

1. Validity of Revision under Section 263:
The assessee challenged the initiation of revisionary proceedings under Section 263 by the Principal Commissioner of Income Tax (Pr.CIT), arguing that the original assessment order passed under Section 143(3) was neither erroneous nor prejudicial to the interest of the revenue. The Pr.CIT had alleged that the Assessing Officer (AO) did not verify the transactions related to long-term capital gains and the deduction claimed under Section 54EC. The assessee contended that the AO had indeed made proper inquiries and adopted a permissible view in law. The Tribunal observed that the AO had collected relevant information and verified the transactions, including similar transactions in the previous assessment year (A.Y. 2015-16) and for other family members. The Tribunal concluded that the Pr.CIT could not invoke Section 263 when the AO had made inquiries and formed an opinion, thus setting aside the Pr.CIT's order.

2. Alleged Violation of Natural Justice:
The assessee argued that the Pr.CIT completed the revisionary proceedings hastily and without giving sufficient time and opportunity, thus violating the principles of natural justice. The Tribunal noted that the Pr.CIT had issued a show-cause notice under Section 263 and considered the submissions made by the assessee. However, the Tribunal found that the Pr.CIT did not bring any material on record to show how the AO's order was prejudicial to the interest of the revenue. The Tribunal emphasized that for invoking Section 263, both conditions of the order being erroneous and prejudicial to the interest of the revenue must be satisfied. Since the Pr.CIT failed to establish these conditions, the Tribunal quashed the Pr.CIT's order.

3. Computation of Capital Gains as per Law:
The assessee contended that the computation of long-term capital gains on the sale of shares was done in accordance with the provisions of the Income Tax Act, including Sections 45 and 48, and that the AO had accepted the computation after due verification. The Tribunal observed that the AO had indeed verified the transactions and accepted the assessee's computation, which was consistent with the law and similar to the previous assessment year. The Tribunal found that the AO had taken one of the possible views, and the Pr.CIT could not substitute his opinion for that of the AO. Therefore, the Tribunal upheld the assessee's computation of capital gains.

4. Claim for Exemption under Section 54EC:
The assessee claimed exemption under Section 54EC for reinvesting part of the capital gains in eligible bonds. The AO had allowed this claim after verifying the relevant documents. The Pr.CIT, however, questioned the verification process. The Tribunal noted that the AO had collected and verified all necessary information and allowed the exemption based on the provisions of the Act. The Tribunal concluded that the AO's decision was in line with the law and could not be considered erroneous or prejudicial to the interest of the revenue. Thus, the Tribunal upheld the assessee's claim for exemption under Section 54EC.

Conclusion:
The Tribunal allowed the appeal filed by the assessee, setting aside the order passed by the Pr.CIT under Section 263. The Tribunal found that the AO had made proper inquiries and formed a permissible view in law, and the Pr.CIT failed to establish that the AO's order was erroneous and prejudicial to the interest of the revenue. The Tribunal emphasized that the Pr.CIT could not invoke Section 263 merely based on a difference of opinion without concrete evidence of error and prejudice.