2023 (1) TMI 1005 - AT - Income Tax

Revision u/s 263 - agricultural income - HELD THAT - When the AO passed assessment order after due enquiries and it is pertinent to note in the order to exercise jurisdiction u/s. 263 of the Act, the twin conditions are to be satisfied, namely that A.Y. 2016-17 assessment order is erroneous as well as prejudicial to the interest of Revenue. On an examination of impugned order, PCIT held that the AO is failed to make proper enquiry and directed that the assessment order should be framed as per the provisions of law after considering proper facts and circumstances of the assessee without giving definite, as to how the assessment order is erroneous, prejudicial to the interest of Revenue as well. Lack of enquiry by the AO in the scrutiny proceedings - All the sale proceeds from the sale of agricultural produce were credited in the bank account of assessee and in support of which the assessee enclosed bank account in State Bank of India together with books of account. PCIT made no adverse remarks or reference to the reply submitted by the assessee in respect of transport expenses, proof of sale of agricultural produce and details of bank accounts. It is settled position that the PCIT mandated to give reasoning why the order of assessee is erroneous as well as prejudicial to the interest of Revenue. PCIT did not give any reasons for non-consideration of reply submitted by the assessee and we note the PCIT simply directed the AO to frame assessment as per provisions of law, in our opinion, the order of PCIT is not justified in holding the assessment order is erroneous and prejudicial to the interest of Revenue as no nowhere in the impugned order it was held on specific point the assessment order is erroneous and prejudicial to the interest of Revenue. In the absence of which initiation of revision proceedings u/s. 263 fails and is set aside. Thus, the grounds raised by the assessee are allowed.

Summary

Issues:
- Whether the Principal Commissioner of Income Tax was justified in invoking the provisions of section 263 of the Act by holding the assessment order erroneous and prejudicial to the interest of Revenue.

Analysis:
1. The appeal was filed by the assessee against the order passed by the Principal Commissioner of Income Tax for the assessment year 2016-17. The key issue raised was whether the PCIT was correct in invoking section 263 of the Act based on the assessment order's alleged errors.

2. The PCIT contended that the assessment order was erroneous as the assessee's explanation regarding agriculture income did not match the 7/12 extracts, and no costs were debited to the profit and loss account on the sale of agricultural products. The AO had accepted the agricultural income and did not provide reasoning on cash deposits unrelated to the year under consideration.

3. The PCIT reviewed the assessment order and noted that the AO had conducted limited scrutiny on agricultural income and cash deposits during demonetization. The AO accepted the declared agricultural income based on previous scrutiny assessments. The PCIT questioned the AO's lack of proper inquiry and directed a reassessment without specifying the errors prejudicial to Revenue.

4. The Tribunal found that the AO had thoroughly examined the details of agricultural income, considering previous assessments, and accepted the return without variation. The PCIT's order lacked justification for considering the assessment order erroneous and prejudicial to Revenue, failing to address specific points. The PCIT did not provide reasons for disregarding the assessee's detailed submissions.

5. The Tribunal concluded that there was no lack of inquiry by the AO, as evidenced by the detailed submissions provided by the assessee regarding costs, transportation, sale proceeds, and bank account details. The PCIT's order lacked reasoning and failed to establish how the assessment order was erroneous and prejudicial to Revenue, leading to the allowance of the assessee's appeal.

6. Therefore, the Tribunal allowed the appeal of the assessee, setting aside the initiation of revision proceedings under section 263 of the Act. The decision was based on the PCIT's failure to demonstrate the assessment order's errors and prejudicial impact on Revenue, highlighting the importance of providing clear justifications in such cases.

7. In conclusion, the Tribunal's detailed analysis emphasized the necessity for tax authorities to provide specific reasons and thorough explanations when invoking provisions like section 263 of the Act to ensure fairness and transparency in tax assessments.