2019 (3) TMI 1201 - AT - Income Tax

Tribunal upholds revision of assessment order for AY 2013-14 under Income Tax Act

Grandhi Subhakar Versus ITO, Ward-3 (3), Visakhapatnam.

Grandhi Subhakar Versus ITO, Ward-3 (3), Visakhapatnam. - TMI Issues Involved:1. Revision of assessment order under section 263 of the Income Tax Act, 1961.2. Allowability of interest payment of Rs. 6,59,971.3. Claim of chit loss of Rs. 6,65,217.Analysis:Issue 1: Revision of assessment order under section 263 of the Income Tax Act, 1961The appeal was against the order of the Principal Commissioner of Income Tax-1 for the Assessment Year 2013-14. The assessee's revised grounds of appeal challenged the jurisdiction of the Principal Commissioner to invoke section 263, arguing that the assessment order under section 143(3) was neither erroneous nor prejudicial to the revenue's interests. However, the Principal Commissioner found discrepancies in the assessment related to interest payment and chit loss claims. The assessee's submissions were considered, but the Principal Commissioner directed the Assessing Officer to redo the assessment after providing a hearing opportunity to the assessee. The Tribunal upheld the Principal Commissioner's decision, stating that the Assessing Officer's order was erroneous and prejudicial to the revenue's interests due to lack of proper verifications and inquiries.Issue 2: Allowability of interest payment of Rs. 6,59,971The Assessing Officer allowed the interest claim without adequate verification, leading to the Principal Commissioner's intervention under section 263. The assessee argued that the interest claimed was justified as allowable expenditure, but the Principal Commissioner found lack of details regarding the utilization of the overdrawn amounts. The Tribunal agreed with the Principal Commissioner's assessment that the interest claim was not adequately verified, rendering the assessment order erroneous and prejudicial to the revenue.Issue 3: Claim of chit loss of Rs. 6,65,217The Assessing Officer accepted the chit loss claim without proper inquiry, leading to the Principal Commissioner's intervention. The assessee contended that the chit loss was fully allowable against taxable income, citing investments in partnership firms. However, the Principal Commissioner found discrepancies in the explanation provided by the assessee and lack of verification by the Assessing Officer. The Tribunal concurred with the Principal Commissioner's findings, stating that the Assessing Officer's failure to verify the chit loss claim rendered the assessment order erroneous and prejudicial to the revenue.In conclusion, the Tribunal dismissed the appeal filed by the assessee, upholding the Principal Commissioner's decision to revise the assessment order under section 263 due to errors and lack of proper verifications in the assessment related to interest payment and chit loss claims.