2022 (5) TMI 938 - AT - Income Tax

Revision u/s 263 by CIT - assessment of trade discount received by the assessee - HELD THAT - According to the PCIT, although the assessee had received Rs. 23,16,261/- as trade discount, the AO has estimated gross profit @ 5.4% and made addition of Rs. 1,25,000/-, instead of making addition towards entire amount of trade discount amounting to Rs. 23,16,261/-. The assessee neither appeared nor filed any details. PCIT left with no choice disposed off the case and passed order u/s. 263 and set aside the assessment order passed by the Assessing Officer. No doubt, when the assessee was not responding to show-cause notice issued by the authorities, the authorities are bound to dispose off proceedings in accordance with law, but such proceedings should be completed, after affording reasonable opportunity of hearing to the assessee. It is well settled law of principles of natural justice that before taking any decision, a reasonable opportunity must be given to the other side. In this case, the learned PCIT had passed order u/s. 263 by giving one date of hearing to the assessee. In our considered view, the order passed by the PCIT u/s. 263 without observing principles of natural justice is contrary to law. Therefore, we are of the considered view that appeal filed by the assessee needs to go back to the file of the learned PCIT and thus, we set aside order passed by the learned PCIT and restore the issue back to the file of PCIT to reconsider the issue afresh in accordance with law, after affording reasonable opportunity of hearing to the assessee. Appeal filed by the assessee is treated as allowed for statistical purposes.

Summary

Issues:
1. Revision of assessment order under section 263 of the Income Tax Act, 1961.
2. Principles of natural justice and opportunity of hearing to the assessee.

Revision of Assessment Order under Section 263:
The appeal was against the order passed by the Principal Commissioner of Income Tax, Coimbatore-1, pertaining to the assessment year 2011-12. The Principal Commissioner set aside the assessment order passed by the Assessing Officer under section 143(3) r.w.s. 147 of the Act and directed a re-assessment. The issue arose from the treatment of trade discount received by the assessee. The Principal Commissioner found the assessment to be erroneous as the entire amount of trade discount received by the assessee was not added to the income. Instead, a portion was added based on the gross profit ratio. The Principal Commissioner issued a notice under section 263, but the assessee did not respond. The Tribunal noted that while the authorities are bound to proceed in the absence of response, principles of natural justice require affording a reasonable opportunity of hearing. The Tribunal set aside the Principal Commissioner's order, emphasizing the importance of giving the assessee a fair chance to be heard before making a decision under section 263.

Principles of Natural Justice and Opportunity of Hearing:
The Tribunal considered the argument raised by the assessee's representative that the order passed under section 263 lacked observance of principles of natural justice. The representative contended that the assessee was not given a reasonable opportunity of hearing before the order was passed. On the other hand, the Departmental Representative supported the Principal Commissioner's order, stating that the assessee's lack of response left no choice but to proceed with the revision. The Tribunal emphasized that even in the absence of response from the assessee, a fair opportunity of being heard must be provided as per principles of natural justice. The Tribunal set aside the order and directed the issue to be reconsidered by the Principal Commissioner after affording the assessee a reasonable opportunity of hearing. The Tribunal clarified that the assessee must cooperate and appear before the authorities when required. The appeal was treated as allowed for statistical purposes, emphasizing the importance of adherence to principles of natural justice in such proceedings.

In conclusion, the Tribunal's judgment focused on the necessity of following principles of natural justice, particularly in cases involving revision of assessment orders under section 263 of the Income Tax Act, 1961. The Tribunal stressed the significance of affording the assessee a fair opportunity of hearing before making decisions that could impact their tax liability. The case underscores the importance of procedural fairness and adherence to legal principles in tax assessment proceedings.