2016 (12) TMI 1400 - AT - Income Tax

Tribunal upholds jurisdiction under Income Tax Act, finds Assessing Officer's order erroneous. Assessee's appeal dismissed.

AMT Construction Co., Narsapur Versus ITO, Ward-1, Palakol

The Tribunal upheld the CIT's decision to assume jurisdiction under section 263 of the Income Tax Act, finding the assessment order passed by the ... Revision u/s 263 - Held that:- In the present case on hand, the CIT alleged that the A.O. not only failed to examine certain issues, but also failed to apply his mind before completion of assessment, which render the assessment order erroneous in so far as it is prejudicial to the interest of the revenue. We find merits in the findings of the CIT, for the reason that although the assessee claims to have furnished all the details on the issues on which the CIT questioned in his proceedings, the assessee failed to prove the same with necessary evidences. We further observed that on perusal of the assessment records and also details filed by the assessee, the assessing officer had discussed none of the issues pointed out by the CIT. We also observed that the assessment order passed by the A.O. is brief and cryptic and the A.O. neither discussed the issue pointed out by the CIT in the assessment proceedings nor obtained any information on which he placed his reliance before accepting the claim of the assessee. Therefore, we are of the considered view that the assessment order passed by the A.O. is erroneous in so far as it is prejudicial to the interest of the revenue and accordingly the CIT has rightly assumed jurisdiction to revise the assessment order. Hence, we uphold the order passed by the CIT u/s 263 of the Act and set aside the assessment order passed by the A.O. u/s 143(3) of the Act. - Decided against assessee. Issues Involved:1. Assumption of jurisdiction under section 263 of the Income Tax Act.2. Examination of core issues by the Assessing Officer (A.O.).3. Adequacy of the A.O.'s enquiry and application of mind.4. Prejudice to the interest of the revenue.Detailed Analysis:1. Assumption of Jurisdiction under Section 263 of the Income Tax Act:The CIT, Rajahmundry issued a show cause notice proposing to revise the assessment order under section 263 of the Act, citing that the assessment order passed by the A.O. was erroneous and prejudicial to the interest of the revenue. The CIT observed that the A.O. failed to examine several core issues, thereby rendering the assessment order erroneous.2. Examination of Core Issues by the Assessing Officer (A.O.):The CIT identified several issues that were not properly examined by the A.O., including:- Low net profit declared by the assessee.- Reasonableness of subcontract payments.- Expenditure on plant and machinery.- Correctness of sundry creditors and withheld amounts.- Disallowance under section 40A(3) of the Act.- Actual cost of assets brought by the partners to the firm’s books.- Verification of overdraft (OD) account and current accounts.The CIT noted that the A.O. failed to scrutinize these issues adequately, which led to the assessment order being erroneous.3. Adequacy of the A.O.'s Enquiry and Application of Mind:The assessee argued that the A.O. had verified all issues during the assessment proceedings and had made certain adhoc disallowances after being satisfied with the explanations provided. However, the CIT contended that the A.O.'s order was brief and cryptic, lacking detailed discussion on the issues pointed out. The CIT emphasized that the A.O. did not adequately protect the interest of the revenue by failing to conduct a thorough enquiry and apply judicial mind.4. Prejudice to the Interest of the Revenue:The CIT held that the A.O.'s failure to examine the core issues resulted in an assessment order that was prejudicial to the interest of the revenue. The CIT pointed out specific instances, such as the lack of verification of bank accounts and the inadequacy of scrutiny regarding cash payments to subcontractors, which could potentially lead to revenue loss. Consequently, the CIT set aside the assessment order and directed the A.O. to pass a consequential order after giving the assessee an opportunity to be heard.Conclusion:The Tribunal upheld the CIT's order, agreeing that the assessment order passed by the A.O. was erroneous and prejudicial to the interest of the revenue. The Tribunal noted that the A.O. had not discussed or verified the issues pointed out by the CIT and had failed to apply judicial mind. Therefore, the CIT was correct in assuming jurisdiction under section 263 of the Act. The appeal filed by the assessee was dismissed, and the assessment order was set aside.Pronouncement:The order was pronounced in the open court on 23rd December 2016.