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2022 (4) TMI 1265 - AT - Income TaxRevision u/s 263 by CIT - interest income from the unsecured loans not declared by the assessee - HELD THAT - Admitted facts are that the assessee has taken a loan from various creditors amounting to ₹ 61 lakhs as detailed in the order u/s. 263 - The assessee has submitted the written submissions and relied on the decisions of various Benches of the Hon'ble Tribunal and Hon'ble High Courts as detailed in written submissions. We have gone through the records and written submissions of the assessee. We find that there is no specific mentioning about the submissions made by the assessee in the order of the AO. In view of the above invoking the powers under section 263 of the Act by the Ld. Pr. CIT is valid in law and therefore, we hereby confirm the order of the Ld. Pr. CIT. - Decided against assessee.
Issues:
Assessment order under section 263 of the Income Tax Act, 1961. Analysis: The appeal was filed against the order of the Ld. Pr. CIT, Visakhapatnam-1 for the AY 2015-16. The assessee, engaged in wholesale trading of Iron and Iron scrap, declared total income of ?28,29,930/- in the return filed. The assessment was completed by the Ld. AO adding ?1,14,000/- as interest income from unsecured loans not declared by the assessee. Subsequently, the Ld. Pr. CIT noticed that the assessee received loans of ?61 lakhs from 11 unsecured loan creditors and repaid the same during the relevant year. The Ld. Pr. CIT found the assessment order under section 143(3) to be prima facie erroneous and prejudicial to the interest of the Revenue. Relying on legal precedents, the Ld. Pr. CIT set aside the file for verification of the creditworthiness of the creditors by the Ld. AO. The assessee, aggrieved by this order, appealed before the Appellate Tribunal ITAT Visakhapatnam. At the hearing, no one appeared on behalf of the assessee, and the Ld. DR supported the order of the Ld. Pr. CIT. The Appellate Tribunal carefully examined the material on record and the orders of the authorities below. It was noted that the assessee had taken a loan of ?61 lakhs from various creditors, and the written submissions provided by the assessee referenced decisions of various Tribunals and High Courts. The Tribunal observed that there was no specific mention of the submissions made by the assessee in the order of the Assessing Officer. Therefore, it was concluded that the invocation of powers under section 263 of the Act by the Ld. Pr. CIT was valid in law. Consequently, the appeal of the assessee was dismissed, confirming the order of the Ld. Pr. CIT. In conclusion, the Appellate Tribunal upheld the decision of the Ld. Pr. CIT to revise the assessment order under section 263 of the Income Tax Act, 1961, based on the lack of specific mentioning of the assessee's submissions in the original assessment order. The Tribunal found the invocation of powers under section 263 to be legally valid, leading to the dismissal of the assessee's appeal.
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