2018 (12) TMI 810 - AT - Income Tax

Tribunal rules in favor of assessee, directs AO to verify additional evidence on State Govt. agreement

Netafim Irrigation India Pvt. Ltd. Versus Pr. Commissioner of Income Tax-2, Baroda.

Netafim Irrigation India Pvt. Ltd. Versus Pr. Commissioner of Income Tax-2, Baroda. - TMI Issues Involved:1. Whether the Principal Commissioner of Income Tax (CIT) erred in holding the assessment order as erroneous and prejudicial to the interests of revenue under section 263 of the Income Tax Act, 1961.Issue-wise Detailed Analysis:1. Erroneous and Prejudicial Assessment Order:The primary issue raised by the assessee was that the CIT erred in holding the assessment order framed under section 143(3) of the Income Tax Act as erroneous and prejudicial to the interests of revenue. The CIT observed that the assessee claimed a deduction under section 80-IA-4(i) of the Act, which he believed was not permissible because the agreement for the development of irrigation projects was not signed directly between the assessee and the State Government of Andhra Pradesh but rather with Netafim ACS and India Ltd., a foreign company.2. Requirement of Agreement with Government:The CIT emphasized that for claiming a deduction under section 80-IA-4(i), there must be an agreement directly between the Indian company and either the Central Government, State Government, or any statutory body. In this case, the agreement was signed between Netafim ACS and India Ltd. and the Government of Andhra Pradesh, which did not fulfill the eligibility criteria for the deduction under section 80-IA-4(i).3. Previous Disallowance:The CIT also noted that a similar deduction was disallowed in the preceding assessment year 2010-11. Despite this, the Assessing Officer (AO) allowed the deduction for the assessment year 2011-12 without proper verification and examination, making the assessment order erroneous and prejudicial to the interests of revenue.4. Assessee's Defense:The assessee argued that the AO had duly verified the agreement and other relevant documents during the assessment proceedings. The assessee provided various documents, including invoices, performance certificates, and TDS certificates issued by the State Government of Andhra Pradesh, all in the name of the assessee company. The assessee also submitted a letter from the State Government of Andhra Pradesh clarifying that the agreement was indeed with the assessee company.5. Tribunal's Observations:The Tribunal observed that the AO had made necessary inquiries and verified the relevant documents during the assessment proceedings. The Tribunal held that once the AO had applied his mind and conducted an inquiry, the order could not be deemed erroneous merely because the CIT had a different opinion. The Tribunal cited various judicial precedents, including the Supreme Court's judgment in Malabar Industrial Company Ltd. vs. CIT, which emphasized that an order could only be considered erroneous if there was a lack of inquiry, not merely inadequate inquiry.6. Additional Evidence:The Tribunal noted that the letter from the State Government of Andhra Pradesh clarifying the agreement was not available during the original assessment proceedings. Therefore, the Tribunal directed the AO to verify this additional evidence and adjudicate the issue afresh.Conclusion:The Tribunal concluded that the assessment order could not be held erroneous and prejudicial to the interests of revenue merely on the ground of inadequate verification by the AO. However, the Tribunal restored the issue to the AO for the limited purpose of verifying the additional evidence provided by the assessee and to adjudicate the matter afresh in accordance with the law.Final Decision:The appeal filed by the assessee was allowed for statistical purposes, and the matter was remanded to the AO for further verification.