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2023 (3) TMI 810 - AT - Income TaxRevision u/s 263 by CIT - introduction of capital contribution by the partners and amount raise through unsecured loan - scope of lack of investigation - allegation of non application of mind by AO - HELD THAT - The entire finding of the revisional authority was not on any cogent material. The assessment was completed by a process of verification on which the assessee had completely participated. Observation of the revisional authority is related to lack of investigation by the assessing authority related to creditworthiness genuineness of transaction related to assessee with partners loan creditors. The assessee in its support had complied the requirements as raised by both the revenue authorities. Though the assessment order does not patently indicate that the issue in question had been considered by the AO, the record showed that the AO had applied his mind. Once such application of mind is discernible from the record, the proceedings under Section 263 would fall into the area of the Commissioner having a different opinion. Thus investigation by the ld. AO cannot be called lack of investigation . PCIT has not brought any material on record to show that the view taken is contrary to law or the investigation is erroneous. Decided in favour of assessee.
Issues Involved:
1. Validity of the order passed under Section 263 of the Income Tax Act, 1961. 2. Whether the assessment order was erroneous and prejudicial to the interest of the revenue. 3. Examination of the introduction of capital by partners. 4. Examination of the unsecured loans. Issue-Wise Detailed Analysis: 1. Validity of the Order Passed Under Section 263: The appellant argued that the Principal Commissioner of Income Tax (PCIT) erred in invoking Section 263 to revise the assessment order, which had already been concluded under Section 143(3). The appellant claimed that the PCIT failed to appreciate that the assessment order was neither erroneous nor prejudicial to the interest of the revenue. The appellant contended that the mandatory twin conditions of Section 263 were not fulfilled, and the PCIT's direction was based on incorrect assumptions. 2. Erroneous and Prejudicial to the Interest of Revenue: The PCIT set aside the assessment order on the grounds that the creditworthiness and genuineness of the transactions related to the introduction of capital by partners and unsecured loans were not verified during the assessment proceeding. The PCIT believed that the lack of verification made the assessment order erroneous and prejudicial to the interest of the revenue. 3. Examination of the Introduction of Capital by Partners: The appellant argued that the introduction of capital by partners had already been verified during their individual assessments. The appellant provided detailed submissions, including assessment orders, audited balance sheets, copies of Income Tax Returns (ITRs), and capital accounts of the partners. The appellant cited several judicial precedents, including the Supreme Court's ruling in Principal Commissioner of Income-tax v. Vaishno Devi Refoils & Solvex, which held that the inquiry should be made at the end of the partner if the Assessing Officer (AO) was not convinced about the creditworthiness of the partner who made the capital contribution. 4. Examination of the Unsecured Loans: The appellant contended that the details related to unsecured loans were submitted before both the AO and the PCIT. The appellant provided documentation, including ITRs, bank statements, confirmations from creditors, and affidavits. The appellant cited judicial rulings, such as CIT v. Mark Hospitals (P.) Ltd., which held that the onus shifts to the revenue authorities once the assessee has discharged the initial onus of proving the identity, genuineness, and creditworthiness of the creditors. Tribunal's Observations and Decision: The Tribunal noted that the assessment was completed through a process of verification in which the assessee had fully participated. The Tribunal observed that the PCIT's findings were not based on any cogent material and that the AO had applied his mind during the assessment. The Tribunal held that the proceedings under Section 263 would fall into the area of the Commissioner having a different opinion once the application of mind by the AO is discernible from the record. The Tribunal relied on several case laws, including the jurisdictional Punjab and Haryana High Court's ruling in Pr. Commissioner of Income-tax (Central) vs. Kanin (India), which stated that the revisionary authority must undertake some inquiries to establish that the assessment order is erroneous and prejudicial to the interests of the revenue. Conclusion: The Tribunal concluded that the investigation by the AO could not be called a lack of investigation and that the PCIT had not brought any material on record to show that the view taken was contrary to law or erroneous. The Tribunal quashed the directions of the PCIT and allowed the appeal of the assessee. Result: The appeal of the assessee was allowed, and the order passed under Section 263 by the PCIT was quashed.
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