2016 (11) TMI 433 - AT - Income Tax

Tribunal quashes revisionary order, AO's assessment upheld, appeal allowed.

Lakshmiwadi Mines and Minerals Private Ltd. Versus Commissioner of Income Tax–2, Mumbai

The Tribunal quashed the CIT's revisionary order under Section 263, affirming that the AO's assessment was neither erroneous nor prejudicial to the ... Revision u/s 263 - disallowance 14A - Held that:- The Revenue invoked Section 263 of the Act by issuing notice dated 17-01-2013 u/s 263 of the Act post appellate order passed by the learned CIT(A) on 19- 12-2012 which was also on the same issue of disallowance of expenditure under Section 14A of the Act read with Rule 8D of Income Tax Rules, 1962 in relation to earning of income which does not form part of the total income, which was earlier adjudicated by learned CIT(A) vide orders dated 19-12-2012 which in our considered view is not permissible with respect to the same issue of disallowance u/s 14A read with Rule 8D of Income Tax Rules, 1962. The learned counsel for the assessee rightly relied on the decisions/judgment in this regard which are cited in preceding para’s . Keeping in view our detailed discussions and reasoning, we hereby order quashing of the revisionary order passed by learned CIT dated 28-03-2014 u/s. 263 of the Act proposing to set aside assessment order dated 21.12.2011 passed by the AO u/s. 143(3) of the Act for making de-novo assessment. Issues Involved:1. Breach of the principles of natural justice.2. Legality of the revision under Section 263 of the Income Tax Act, 1961.3. Merits of the disallowance under Section 14A read with Rule 8D of the Income Tax Rules, 1962.Issue-wise Detailed Analysis:1. Breach of the Principles of Natural Justice:The assessee argued that the CIT framed the revision order under Section 263 without providing a proper, sufficient, and effective opportunity of being heard. The Tribunal noted that the CIT issued a notice under Section 263, and the assessee was given the opportunity to file objections and was also given a chance for a personal hearing. The assessee filed submissions mainly on technical grounds and not on merits. Thus, the Tribunal found no breach of the principles of natural justice.2. Legality of the Revision under Section 263:The CIT invoked Section 263, observing that the AO did not disallow the proportionate interest expenditure under Section 14A read with Rule 8D. The CIT found that the AO accepted the assessee's explanation without proper verification, making the assessment order erroneous and prejudicial to the interest of the Revenue. The Tribunal noted that the AO had made detailed inquiries and accepted the assessee's explanations after considering the submissions and evidence provided. The Tribunal emphasized that the AO's view was a plausible one, supported by the assessee's own funds being more than the investments, invoking the presumption from the Bombay High Court's decision in CIT v. Reliance Utilities and Power Ltd. The Tribunal concluded that the AO's order was not erroneous or prejudicial to the Revenue's interest, and thus, invoking Section 263 was not warranted.3. Merits of the Disallowance under Section 14A read with Rule 8D:The CIT contended that the AO did not disallow interest expenditure as required under Rule 8D(2)(ii). The Tribunal observed that the AO made a disallowance under Rule 8D(2)(iii) after considering the assessee's submissions and evidence. The assessee demonstrated that its own funds exceeded the investments, and no interest-bearing funds were used for the investments. The Tribunal found that the AO's decision was based on a plausible view and supported by the assessee's financials and the legal presumption from the Bombay High Court's rulings. The Tribunal also noted that the CIT(A) had already adjudicated the issue in favor of the assessee, and the CIT's invocation of Section 263 post the appellate order was impermissible.Conclusion:The Tribunal quashed the CIT's revisionary order under Section 263, affirming that the AO's assessment was neither erroneous nor prejudicial to the Revenue's interest. The appeal filed by the assessee was allowed.