2007 (10) TMI 436 - AT - Income Tax

Tribunal Upholds Assessee's Appeal on Section 263, 10(23G), and 36(1)(iii) Exemptions

The Tribunal held that the provisions of section 263 were not applicable as the Assessing Officer had taken a plausible view supported by various ... Revision - Of orders prejudicial to interest of revenue Issues Involved:1. Applicability of provisions u/s 263 of the Income-tax Act in cases where two views are possible.2. Validity of the order passed u/s 263 due to lack of initial jurisdiction.3. Setting aside the assessment order and directing a fresh assessment regarding the exemption claimed u/s 10(23G).4. Setting aside the assessment order and directing a fresh assessment regarding the interest deduction claimed u/s 36(1)(iii).Summary:1. Applicability of Provisions u/s 263:The assessee contended that the CIT erred in holding that the provisions of section 263 are applicable in cases where two views are possible. The Tribunal noted that the Assessing Officer (AO) had thoroughly examined the issues during the assessment proceedings and had taken a plausible view supported by various High Courts and CBDT circulars. The Tribunal cited the judgment of the Apex Court in Malabar Industrial Co. Ltd. v. CIT, stating that if two views are possible, the view taken by the AO cannot be revised u/s 263.2. Validity of the Order Passed u/s 263:The assessee argued that the order passed u/s 263 lacked initial jurisdiction as the conclusions made by the CIT were not based on the information called for in the show-cause notice. The Tribunal found that the AO had raised specific queries and received detailed replies from the assessee, which were duly considered before allowing the claims. Therefore, the Tribunal held that the CIT's order lacked jurisdiction and was not justified.3. Exemption Claimed u/s 10(23G):The CIT set aside the assessment order, directing the AO to make a fresh assessment regarding the exemption claimed u/s 10(23G) for the sale of equity shares of Gujarat Pipavav Port Ltd. The Tribunal observed that the AO had examined the detailed reply of the assessee and allowed the claim after proper verification. The Tribunal found that the AO's view was plausible and supported by the notification and approval from the Central Government. Thus, the Tribunal held that the CIT was not justified in setting aside the assessment order.4. Interest Deduction Claimed u/s 36(1)(iii):The CIT also set aside the assessment order regarding the interest deduction claimed u/s 36(1)(iii) for the interest paid to Gujarat Maritime Board. The Tribunal noted that the AO had examined the detailed reply and allowed the claim after considering the relevant provisions of law. The Tribunal found that the AO's view was plausible and supported by the evidence provided by the assessee. Therefore, the Tribunal held that the CIT was not justified in setting aside the assessment order.Conclusion:The Tribunal concluded that the CIT was not justified in invoking the provisions of section 263, as the assessment order was neither erroneous nor prejudicial to the interest of the revenue. The appeal of the assessee was allowed, and the order of the CIT was set aside.