2015 (10) TMI 988 - AT - Income Tax

CIT(A) empowered to direct AO document verification in tax appeals, emphasizing evidence scrutiny

The Tribunal upheld the CIT(A)'s order directing the AO to verify the documents submitted by the assessee, emphasizing the CIT(A)'s power under section ... Direction to verify the e-TDS return and correction statement filed by the assessee by CIT(A) - Held that:- In the instant case we note that the ld CIT(A) has observed that the appellant had filed correction statement and furnished relevant documents of TDS to prove its claim before him and he also taken note of the fact that the AO has not accepted the said document because the appellant’s correction statement were not accepted by the NSDL. In the light of the discussion above, we are of the opinion that when the ld CIT(A) adjudicates an appeal preferred against an order passed u/s 201 of the Act, he draws his power from sub-section (1)(c) of section 251 of the Act, which entails him to pass any order as he thinks fit and we do not find any restriction in the said power and we cannot read any restrictions which is not there in sub-section (1)(c) of Section 251 and therefore even he has powers to even set-aside the said order impugned before him. However we find that in the instant case before us, the ld CIT(A) has not set aside the AO’s order and the impugned order of the AO which is passed u/s 201/201A of the Act, whereas he has remitted the case back to the file of AO to verify documents produced before him which was filed by the assessee to substantiate its claim and to allow the credit as per law. Therefore, we find no infirmity whatsoever in the direction passed by the ld CIT(A) and therefore we find no merit in the said appeal preferred by the revenue, so we uphold the order of the ld CIT(A) and dismiss the appeal of the revenue. Issues:1. Direction to verify e-TDS return and correction statement by CIT(A)2. Validity of CIT(A) order directing AO to verify details filed by the assessee3. Power of CIT(A) under section 251(1)(c) of the ActAnalysis:1. The first issue revolves around the direction given by the CIT(A) to the Assessing Officer (AO) to verify the e-TDS return and correction statement filed by the assessee. The Revenue contended that this direction amounted to setting aside the AO's order instead of deciding it. The CIT(A) had observed discrepancies in the TDS filings by the assessee and directed the AO to reexamine the documents provided by the assessee to support its claim. The CIT(A) found that the AO did not accept the correction statement due to NSDL's rejection, but the assessee had submitted challans to support its position. Ultimately, the CIT(A) directed the AO to verify the claim and allow credit as per law. The Tribunal upheld the CIT(A)'s decision, stating that the CIT(A) had the authority under section 251(1)(c) to pass any order deemed appropriate in such cases.2. The second issue delves into the validity of the CIT(A) order directing the AO to verify the details filed by the assessee. The Tribunal analyzed the powers of the CIT(A) under section 251(1)(c) of the Act, which allows the CIT(A) to pass orders as deemed fit in cases not falling under other specified sections. In this instance, the CIT(A) had the authority to direct the AO to reevaluate the documents provided by the assessee. The Tribunal found no fault in the CIT(A)'s decision and upheld the order, dismissing the appeal by the Revenue.3. Lastly, the Tribunal clarified the power vested in the CIT(A) under section 251(1)(c) of the Act. The Tribunal emphasized that the CIT(A) has the discretion to pass any order considered appropriate while deciding appeals against orders passed under section 201 of the Act. In this case, the CIT(A) did not annul the AO's order but directed a reexamination of the documents provided by the assessee. The Tribunal affirmed that the CIT(A) acted within the scope of his authority and upheld the decision, rejecting the Revenue's appeal.In conclusion, the Tribunal upheld the CIT(A)'s order directing the AO to verify the documents submitted by the assessee, emphasizing the CIT(A)'s power under section 251(1)(c) of the Act to pass suitable orders in such appeals. The judgment highlights the importance of thorough verification and consideration of evidence in tax-related disputes.