2024 (9) TMI 201 - AT - Income Tax

Revision u/s 263 - Error computing capital gain - certain discrepancies found relating to cost of improvement where the bills were issued after the date of sale deed, the AO has not followed the provisions of Section 50C - HELD THAT - We observed that no doubt the AO has passed cryptic and non-speaking order. However, the AO has enquired the relevant information relating to indexed cost of acquisition, indexed cost of improvement during the assessment proceedings. The issues raised by learned PCIT in show case notice issued u/s 263 of the Act was properly enquired by the AO in original proceedings accepting the submission of the assessee. After verification while passing order giving effect u/s 263 of the Act, the AO has verified the issues raised by ld. PCIT and proceeded on the other issue raised by the learned PCIT on cost of second improvement, this was not the issue raised in show cause notice. Once a query is raised during the assessment proceedings and the assessee has replied to it, it follows that the query raised was a subject of consideration of the A.O. while completing the assessment and it is not necessary that an assessment order should contain reference and/or discussion to disclose its satisfaction in respect of the query raised. See ARONI COMMERCIALS LTD. VERSUS THE ASSISTANT COMMISSIONER OF INCOME TAX AND ANOTHER 2014 (8) TMI 390 - BOMBAY HIGH COURT Thus we are inclined to accept the ground raised by the assessee that AO has made proper enquiry in the original assessment proceedings even though it is non-speaking order. Accordingly, grounds filed by the assessee are allowed.

Summary

Issues:
1. Validity of revision order passed under section 263 of the Income Tax Act by the Principal Commissioner of Income Tax, Delhi-4.
2. Assessment of indexed cost of acquisition and improvement in relation to the sale of an immovable property.
3. Adequacy of inquiry conducted by the Assessing Officer during the original assessment proceedings.
4. Compliance with the principles of natural justice in issuing show cause notice and conducting assessment.

Detailed Analysis:
1. The appeal was filed against the order of the Principal Commissioner of Income Tax, Delhi-4, under section 263 of the Income Tax Act. The appellant contended that the revision order was illegal, unlawful, and contrary to the provisions of the Act. The appellant argued that the assessment order did not meet the prerequisite of being "erroneous and prejudicial to interests of revenue." The Tribunal observed discrepancies in the assessment related to the indexed cost of acquisition and improvement, leading to the conclusion that the original assessment was erroneous and prejudicial to revenue.

2. The case involved the sale of an immovable property for Rs. 2.25 crores, with the appellant claiming indexed cost of acquisition and improvement. The Principal Commissioner noted that the Assessing Officer did not adequately inquire about the indexed cost of improvement and acquisition, lacking supporting evidence. The Principal Commissioner found discrepancies in the assessment, including bills issued after the sale deed date and non-compliance with Section 50C regarding stamp valuation. Consequently, the Principal Commissioner directed a de novo assessment.

3. The appellant argued that the Assessing Officer had made a comprehensive inquiry during the original assessment proceedings, addressing the issues raised in the show cause notice. The Tribunal acknowledged that the AO's order was cryptic but found that relevant information on indexed cost of acquisition and improvement had been sought and considered during the assessment. The Tribunal referenced the Hon'ble Bombay High Court's decision in a similar case to support the adequacy of the inquiry conducted by the Assessing Officer.

4. The Tribunal considered the compliance with the principles of natural justice, emphasizing that once a query is raised during assessment and responded to by the assessee, it indicates consideration by the Assessing Officer. The Tribunal cited previous court judgments to support the view that non-discussion of specific queries in the assessment order does not imply non-application of mind. Ultimately, the Tribunal allowed the grounds raised by the assessee, concluding that the Assessing Officer had conducted a proper inquiry during the original assessment proceedings, despite the non-speaking order.

In conclusion, the Tribunal allowed the appeal, finding in favor of the assessee based on the adequacy of the inquiry conducted by the Assessing Officer and the compliance with the principles of natural justice. The judgment highlighted the importance of conducting thorough assessments and ensuring compliance with procedural requirements under the Income Tax Act.