2016 (2) TMI 125 - AT - Income Tax

Tribunal affirms Pr. CIT's decision under section 263, dismissing AO's order due to inadequate examination.

The tribunal upheld the Pr. CIT (Central)'s decision to invoke section 263, setting aside the AO's order. The AO's failure to properly implement ITAT ... Revision u/s 263 - deduction under section 80IA allowed in an order under section 154 by AO - Held that:- As seen from the order under section 143 passed on 31.12.2009, the then A.O. has given detailed projects, road projects, BOT related projects, irrigation projects and also role of the assessee. Without examining the nature of project or calling for further information about the role of the assessee in executing various projects and further without giving any opportunity to the assessee, we are of the opinion that A.O. had wrongly allowed the claim, that too in an order under section 154. As extracted above, the order is so cursory and nothing can be made out whether A.O. examined all the issues as directed by the ITAT. Since the direction of the ITAT has not been implemented in its correct perspective, we are of the opinion that the Ld. CIT is well within his rights to invoke the jurisdiction under section 263 and set aside the order dated 07.04.2013 with a direction to re-examine and allow accordingly. Since the ITAT directions are not implemented in its correct perspective, we are of the opinion that the Ld. CIT order under section 263 is to be upheld. - Decided against assessee Issues Involved:1. Legitimacy of the order passed under section 263 by Pr. CIT (Central).2. Examination of the assessee's claim under section 80IA.3. Validity of the original assessment and subsequent rectification orders.4. Compliance with ITAT directions.5. Jurisdiction and correctness of invoking section 263.Detailed Analysis:1. Legitimacy of the Order Passed Under Section 263 by Pr. CIT (Central):The appeal by the assessee challenges the order passed under section 263 by Pr. CIT (Central), Hyderabad, dated 09.09.2015. The primary contention is that the order passed under section 154 by the DCIT, Circle-3, Hyderabad, was not erroneous and was not prejudicial to the interests of the Revenue. The assessee argues that the Pr. CIT (Central) failed to appreciate that an order passed by the AO giving effect to the ITAT's order cannot be subjected to revisionary proceedings under section 263.2. Examination of the Assessee's Claim Under Section 80IA:The assessee claimed a deduction under section 80IA for the year under consideration. Initially, the AO disallowed this claim, considering the assessee as merely a works contractor and not an infrastructure developer. This decision was upheld by the CIT(A) but was later remitted by the ITAT for re-examination. The ITAT directed the AO to assess whether the assessee carried out the development of infrastructure facilities along with activities such as design, development, operation, maintenance, financial involvement, and defect correction.3. Validity of the Original Assessment and Subsequent Rectification Orders:The original assessment under section 143(3) dated 31.12.2009 disallowed the deduction under section 80IA. Following search and seizure operations, proceedings under section 153A were initiated, and the AO again disallowed the claim, citing ongoing legal disputes. However, in a subsequent order under section 154 dated 07.04.2013, the AO allowed the claim, stating it was a mistake apparent from the record and that the ITAT had directed the allowance of the claim after verification.4. Compliance with ITAT Directions:The Pr. CIT (Central) argued that the AO did not properly examine the issues as directed by the ITAT before allowing the claim under section 80IA. The ITAT had explicitly instructed the AO to verify whether the assessee was involved in the development of infrastructure facilities. The Pr. CIT (Central) found that the AO failed to conduct a thorough investigation and thus initiated proceedings under section 263, deeming the order under section 154 as erroneous and prejudicial to the interests of the Revenue.5. Jurisdiction and Correctness of Invoking Section 263:The assessee contended that the AO had already verified the details and allowed the claim under section 154, making the invocation of section 263 inappropriate. The Pr. CIT (Central) countered that the AO's order lacked proper investigation and was therefore erroneous. The tribunal upheld the Pr. CIT (Central)'s order, agreeing that the AO did not comply with the ITAT's directions and failed to examine the nature of the projects or the role of the assessee in executing them.Conclusion:The tribunal concluded that the Pr. CIT (Central) was justified in invoking section 263 to set aside the AO's order dated 07.04.2013. The AO's failure to implement the ITAT's directions correctly and thoroughly examine the claim under section 80IA warranted the revisionary proceedings. Consequently, the appeal of the assessee was dismissed, and the Pr. CIT (Central)'s order was upheld. The tribunal emphasized the necessity for the AO to re-examine the claim in accordance with the ITAT's directions and allow the deduction if admissible.