2025 (4) TMI 1174 - HC - Income Tax

Validity of Revision u/s 263 - order of the AO u/s 143 (3) is found to be erroneous and prejudicial to the interest of the revenue - Large investment in property - HELD THAT - The issue relating to acquisition of property was subject matter of consideration before the Assessing Officer. The assessee submitted their explanation to the same contending that the assessee has entered into an agreement for purchase of a building at Worli Mumbai from Shreeniwas Cotton Mills Limited on 28.11.2014 and the total sale consideration is Rs. 11, 41, 07, 130/-. A copy of the ledger of capital WIP (Building) Account was enclosed showing the payment made at various dates. Assessee stated that the availed loan from ICICI bank for purchase of such property and the copy of the bank statement of various banks has been enclosed to show the payment made to Shreeniwas Cotton Mills Limited. Further the assessee pleaded that the possession of the aforesaid property was not handed over by the seller to the assessee before 31.3.2015 and the amount paid by them is reflected in the balance-sheet as on 31.11.2015 under the head capital work in progress . Further the assessee stated that the agreement for purchase was duly registered with the Joint Registrar Mumbai City-IV. Considering all these aspects the AO completed the assessment. Though the aforementioned points were placed by the assessee in response to the show cause notice issued u/s 263 PCIT opined confirmation of the proposal in the show cause notice not on the ground which was proposed in the show cause notice that the Assessing Officer did not do any verification at all but on the ground that the Assessing Officer has not carried out proper verification/investigation. As pointed out above the factual position clearly shows that there has been due verification done by the AO and the AO was also careful enough to note CASS point which was also verified by the AO. The substantial questions of law are answered against the revenue.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered by the Court were:

i) Whether the Tribunal was justified in law to quash the order passed under Section 263 of the Income Tax Act, 1961, when the assessment order was allegedly erroneous and prejudicial to the interest of the Revenue due to lack of independent enquiry and verification by the Assessing Officer.

ii) Whether the Tribunal was justified in quashing the Section 263 order when the Principal Commissioner of Income Tax (PCIT) had concluded that the assessment order under Section 143(3) was erroneous and prejudicial to Revenue, directing a fresh assessment.

iii) Whether the Tribunal was justified in holding that the revisionary powers under Section 263 were exercised arbitrarily and in excess of jurisdiction by the PCIT, ignoring Explanation 2 to Section 263 of the Act.

2. ISSUE-WISE DETAILED ANALYSIS

Issue i & ii: Validity of the Section 263 order in light of alleged erroneous and prejudicial assessment order

Relevant legal framework and precedents: Section 263 of the Income Tax Act empowers the PCIT to revise an assessment order if it is found to be erroneous and prejudicial to the interest of Revenue. The PCIT must first form an opinion on the erroneous nature of the order, issue a show cause notice to the assessee, provide an opportunity of hearing, and then may set aside or modify the assessment order. The Supreme Court in Malabar Industrial Co. Ltd. v. CIT held that "prejudicial to Revenue" must be read in conjunction with an erroneous order, and not every loss of revenue amounts to prejudice under Section 263.

Court's interpretation and reasoning: The Court examined whether the PCIT was justified in invoking Section 263 on the ground that the Assessing Officer did not verify the purchase of property for Rs. 11.41 crores. The Court scrutinized the assessment order and the procedural record including the notice under Section 142(1) which contained 14 queries, including one on "large investment in property." The assessee had furnished detailed explanations, documents, bank statements, and proof of loan taken for the property purchase. The possession issue was also addressed, and the purchase agreement was registered.

The Court found that the Assessing Officer had conducted due verification and applied mind, as evidenced by the detailed queries, examination of documents, and the note "CASS points have been checked" in the assessment order. Thus, the allegation that the assessment order was passed without any verification was not sustainable.

Key evidence and findings: The Section 142(1) notice dated 30.8.2017 with 14 queries including property investment; the assessee's detailed responses with documentary proof; the registered agreement for sale; bank statements evidencing payments; the assessment order referencing verification and CASS points.

Application of law to facts: Given the detailed verification by the Assessing Officer and the explanations provided by the assessee, the Court held that the assessment order was not erroneous or prejudicial to Revenue in the manner alleged by the PCIT. Therefore, the PCIT's exercise of revisionary power under Section 263 was not justified on these grounds.

Treatment of competing arguments: The Revenue relied on the absence of independent enquiry and the non-speaking nature of the assessment order to justify the Section 263 revision. The Court rejected this, noting the detailed procedural steps undertaken by the Assessing Officer. The Revenue's reliance on Anand Kumar Jain's case was distinguished on facts, as in that case the Assessing Officer failed to scrutinize the identity and capacity of lenders, whereas here the Assessing Officer had conducted detailed verification.

Issue iii: Whether the PCIT exercised Section 263 powers arbitrarily and in excess of jurisdiction ignoring Explanation 2 to Section 263

Relevant legal framework and precedents: Explanation 2 to Section 263 clarifies the scope of revisionary powers and the requirement of the PCIT to form an opinion based on material that the order is erroneous and prejudicial. The Court also referred to PCIT vs. Ms. Sangeeta Jain, where the PCIT's revision was upheld due to lack of verification by the Assessing Officer.

Court's interpretation and reasoning: The Court noted that the PCIT's show cause notice alleged no verification was done by the Assessing Officer, but later the PCIT changed the ground to improper verification. The Court found this shift unsupported by the record, which showed adequate verification. Hence, the PCIT's exercise of power was arbitrary and beyond jurisdiction as the factual basis for forming an opinion under Section 263 was absent.

Key evidence and findings: The record of assessment proceedings, the notice under Section 142(1), and the assessee's submissions demonstrated due verification. The PCIT's failure to rely on the grounds stated in the show cause notice and ignoring the actual facts led to the conclusion of arbitrary exercise of power.

Application of law to facts: The PCIT's jurisdiction under Section 263 is circumscribed by the requirement to form a bona fide opinion based on facts. Here, the Court found no such opinion could be formed as the assessment order was not erroneous or prejudicial. The PCIT's action was thus beyond jurisdiction.

Treatment of competing arguments: The Revenue argued that the PCIT's powers were plenary and could be exercised if any error prejudicial to Revenue was found. The Court held that such powers must be exercised judiciously and not arbitrarily, and must be supported by material facts, which were lacking here.

3. SIGNIFICANT HOLDINGS

"The phrase 'prejudicial to revenue' has to be read in conjunction with an erroneous order passed by the Assessing Officer; every loss of revenue has a consequence of an order of the Assessing Officer cannot be treated as prejudicial to the interest of revenue."

"The assessment order dated 10.11.2017 shows due application of mind by the Assessing Officer as evidenced by detailed queries under Section 142(1) and verification of the property purchase issue."

"The Principal Commissioner of Income Tax's exercise of revisionary powers under Section 263 was arbitrary and in excess of jurisdiction as the factual position established that the Assessing Officer conducted proper verification and enquiry."

"The reliance on precedents where the Assessing Officer failed to scrutinize relevant facts is not applicable here as the factual matrix shows adequate verification by the Assessing Officer."

Final determinations:

- The Tribunal was justified in quashing the order passed under Section 263 of the Income Tax Act as the assessment order was not erroneous or prejudicial to Revenue.

- The PCIT did not validly exercise jurisdiction under Section 263; the revisionary powers were exercised arbitrarily and without a proper factual basis.

- The appeal filed by the Revenue was dismissed and the substantial questions of law were answered against the Revenue.