2019 (11) TMI 1006 - AT - Income Tax

Assessment found erroneous, prejudicial to revenue under Section 263 due to inadequate verification and inquiry.

Shelendra Kumar Jain Versus Pr. CIT-19, New Delhi

The Income Tax Appellate Tribunal (ITAT) upheld the Principal Commissioner of Income Tax's (Pr. CIT) order under Section 263, finding that the Assessing ... Revision u/s 263 - CIT observed that huge sales promotion expenses has not been looked into deeply. Although a 5% disallowances has been made, but no meaningful verification has been made so as to enquire its genuineness and reason for huge increase in the present year - It appears from the past asstt. records that no books of accounts were produced during assessment proceedings. For this reason also, a thorough probe, Into genuineness of books being maintained by you need to be verified. HELD THAT:- CIT-A has passed speaking order on merits. Relevant portion of the impugned order of the Ld. Pr. CIT had already been reproduced in foregoing paragraph (B) of this order. We find that the Ld. Pr. CIT has given detailed reasons for his decision in the aforesaid impugned revision order dated 28.03.2017. During appellate proceedings in Income Tax Appellate Tribunal (“ITAT”, for short) no material has been brought for our consideration to persuade us to take a view different from the view taken by the Ld. Pr. CIT in the impugned order. Therefore, after hearing the CIT (DR) and after perusal of materials on record, and further, in view of the foregoing discussion, we decline to interfere with the aforesaid impugned appellate order dated 28.03.2017 of Ld. CIT(A). In view of the foregoing discussion, the appeal filed by assessee is dismissed. Issues Involved:1. Validity of proceedings initiated under Section 263 of the Income Tax Act, 1961.2. Whether the assessment orders under Sections 143(3) and 147 were erroneous and prejudicial to the interest of revenue.3. Adequacy of the Assessing Officer's (AO) verification and inquiry during the assessment proceedings.Detailed Analysis:1. Validity of Proceedings Initiated Under Section 263:The appellant contended that the proceedings initiated under Section 263 of the Income Tax Act, 1961, were not valid in law. The argument was that the Principal Commissioner of Income Tax (Pr. CIT) initiated revision proceedings to conduct a fishing and roving inquiry into matters that had already been concluded, which is not permissible under Section 263.2. Erroneous and Prejudicial Assessment Orders:The appellant argued that the assessment orders under Sections 143(3) and 147 could not be considered erroneous and prejudicial to the interest of the revenue. The Assessing Officer (AO) had taken possible views after applying his mind, and the Pr. CIT had not demonstrated how the orders were both erroneous and prejudicial to the revenue's interest. The appellant emphasized that the AO had already conducted requisite inquiries, appreciated the facts, and reached a reasoned conclusion before passing the orders.3. Adequacy of AO's Verification and Inquiry:The Pr. CIT found that certain issues were not adequately verified by the AO during the assessment proceedings. These issues included:- Sales Promotion Expenses: The AO disallowed 5% of the sales promotion expenses but did not conduct a meaningful verification to inquire into the genuineness and reason for the significant increase in expenses for the current year.- Books of Accounts: The AO did not verify the genuineness of the books of accounts as no bills or vouchers were placed on record.- Bank Accounts: The AO did not properly examine the debits and credits in the bank accounts maintained by the assessee.- Cross-Verification of Purchases: The AO did not conduct an independent inquiry by issuing notices under Section 133(6) to the creditors.- Other Expenses: The AO did not call for details or conduct sample verification of various other expenses debited in the Profit & Loss account.- Rent Paid: The AO did not verify the rent agreements or the applicability of TDS on the rent paid, given the large amount involved.Tribunal's Decision:The Income Tax Appellate Tribunal (ITAT) upheld the Pr. CIT's order, agreeing that the AO's assessment was erroneous and prejudicial to the interest of the revenue due to inadequate verification and inquiry. The ITAT found that the Pr. CIT had provided detailed reasons for his decision, and no material was brought forward to persuade the Tribunal to take a different view. Consequently, the appeal filed by the assessee was dismissed.Conclusion:The ITAT dismissed the appeal filed by the assessee, affirming the Pr. CIT's order under Section 263. The Tribunal found that the AO had not conducted adequate verification and inquiry during the assessment proceedings, rendering the assessment orders erroneous and prejudicial to the revenue's interest. The assessee was given the liberty to approach ITAT for restoration of the appeal in accordance with the law, if necessary.