2022 (9) TMI 186 - AT - Income Tax

Revision u/s 263 - Addition u/s 68 - assessee failed to make any compliance to the show cause notice issued u/s 263 of the Act and even after being provided sufficient opportunities on multiple occasions, the assessee failed to reply or furnish any submission - HELD THAT - In the first round of assessment proceedings No additions were made. In the second round of assessment proceedings carried out in direction to the order u/s 263 AO has stated to have examined the financial statements of the assessee and other documents relating the investments made in the company. However, no such details are placed on record. There is no information before us as to what was the amount of share application money, credit entries, details of identity of the share applicants, documents supporting the genuineness and creditworthiness of such transactions. The finding of AO in the assessment order is in a summary manner which is not indicating the details in a correct manner. Also, the order u/s 263 is not placed before us which would have helped us to know about the directions given by ld. Pr. CIT and whether such directions have been complied by the ld. AO. Where the assessee has opted not to appear before the ld. Pr. CIT nor before this Tribunal and has merely filed the appeal but has not pursued the appeal so filed by it and in the given situation where we are unable to lay our hands on any of the details of the financial transactions carried out by the assessee during the year and whether such transactions have been examined by ld. AO in the manner directed by ld. Pr. CIT passed u/s 263 we fail to find any infirmity in the finding of the ld. Pr. CIT in the impugned order - We, accordingly confirm the said finding setting aside the assessment order passed u/s 143(3) which is, thus, rightly held to be erroneous and prejudicial to the interests of the Revenue. Accordingly, all the grounds raised by the assessee in the instant appeal are dismissed.

Issues Involved:

1. Invocation of Section 263 by the Principal Commissioner of Income Tax (Pr. CIT).
2. Compliance with directions given in the first order under Section 263.
3. Applicability of Section 68 regarding unexplained cash credits.
4. Adequacy of the Assessing Officer's (AO) enquiries and investigations.
5. Examination of the identity, creditworthiness, and genuineness of shareholders.
6. Reassessment on new issues not covered in the initial order.
7. Overall procedural fairness and adherence to statutory provisions.

Issue-wise Detailed Analysis:

1. Invocation of Section 263 by the Principal Commissioner of Income Tax (Pr. CIT):
The Pr. CIT invoked Section 263 of the Income Tax Act, 1961, arguing that the AO's assessment order dated 17.10.2016 was erroneous and prejudicial to the interests of the Revenue. The Tribunal noted that the Pr. CIT found the AO's order lacked detailed investigation and independent enquiry into the identity, creditworthiness of shareholders, and the genuineness of transactions relating to share capital.

2. Compliance with Directions Given in the First Order under Section 263:
The Pr. CIT had previously set aside the assessment order dated 29.03.2016, directing the AO to properly examine the books of accounts, bank accounts, and the source of share application money. However, in the subsequent assessment, the AO failed to comply adequately with these directions. The Tribunal upheld the Pr. CIT's observation that the AO did not carry out the required detailed investigation and merely accepted the assessee's submissions.

3. Applicability of Section 68 Regarding Unexplained Cash Credits:
The Pr. CIT cited various case laws on Section 68, which deals with unexplained cash credits. The Tribunal found that the AO did not adequately verify the financial position or the rationale behind the share premium, which could invoke Section 68. The AO's failure to substantiate the genuineness of the transactions rendered the assessment order erroneous.

4. Adequacy of the Assessing Officer's (AO) Enquiries and Investigations:
The Tribunal noted multiple deficiencies in the AO's enquiries. The AO did not conduct a thorough investigation into the shareholders' decision to invest at a high premium, did not verify the financial position of the company, and failed to collect relevant evidence to reach a logical conclusion about the genuineness of the controlling interest. The AO's lack of independent and adequate enquiry was a significant factor in the Tribunal's decision.

5. Examination of the Identity, Creditworthiness, and Genuineness of Shareholders:
The Pr. CIT pointed out that the AO failed to trace the money trail and verify the source of funds invested by shareholders. The Tribunal agreed with the Pr. CIT that the AO did not examine the bank accounts of the share subscribers to verify the genuineness of the deposits. This lack of enquiry made the assessment order erroneous and prejudicial to the interests of the Revenue.

6. Reassessment on New Issues Not Covered in the Initial Order:
The Tribunal noted that the Pr. CIT issued directions for reassessment on fresh issues which were not the subject matter of the earlier order under Section 263. The Tribunal found this approach justified as the AO's failure to conduct proper enquiries warranted a comprehensive reassessment.

7. Overall Procedural Fairness and Adherence to Statutory Provisions:
The Tribunal observed that the assessee failed to comply with multiple opportunities provided by the Pr. CIT and the Tribunal itself. The assessee did not appear or submit any written submissions, which led the Tribunal to proceed with the available records. The Tribunal confirmed the Pr. CIT's findings and upheld the order setting aside the AO's assessment as it was erroneous and prejudicial to the interests of the Revenue.

Conclusion:
The Tribunal dismissed the appeal filed by the assessee, confirming the Pr. CIT's order under Section 263. The AO's assessment was found to be lacking in adequate enquiry and investigation, thus erroneous and prejudicial to the interests of the Revenue. The Tribunal emphasized the need for thorough and independent verification of financial transactions to uphold the integrity of the assessment process.

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