Commissioner's Revision Powers Under Section 263 Upheld Due To AO's Failure To Verify WhatsApp Evidence In Rental Expenses

ITAT upheld revision under s.263 where AO failed to conduct proper inquiry regarding rental expenses despite having incriminating WhatsApp chat evidence showing circular transactions. AO's acceptance of mere ledger entries without verifying supporting documents like rent agreements or investigating the pattern of cheque payments and cash returns demonstrated non-application of mind. The routine questionnaire was deemed insufficient for proper scrutiny. ITAT found the assessment order both erroneous and prejudicial to revenue interests due to complete lack of verification of available material evidence. PCIT's jurisdiction under s.263 was held valid as the case involved absence of effective inquiry rather than difference of opinion between two possible views. Decision affirmed against assessee. .....

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