2019 (12) TMI 356 - AT - Income Tax

Assessee's Tax Dispute Resolved in Tribunal Decision

The Assessee challenged the order under section 263 of the Income Tax Act, claiming it was lawful and in line with judicial precedents. The dispute over ... Revision u/s 263 - order passed by the AO u/s 143(3) is erroneous and prejudicial to the interest of revenue - payment made to the partners on the retirement by the assessee was not disallowed being capital in nature - HELD THAT:- Grievance raised by the assessee against the order of the learned CIT under section 263 of the Act has been settled for the same assessment year by the CIT-A in his order dated 10 June 2019 which has been elaborated in the preceding paragraph. Therefore, once the issue raised by the learned CIT under section 263 of the Act on account of payment to the retiring partners pension has been settled by the learned CIT (A) in his favour against the consequential order passed under section 263 of the Act, thus, we are of the view that the issue raised by the assessee becomes academic and does not require any separate adjudication. Before parting, we are inclined to grant the liberty to the assessee to move an application for recalling of this order if the appeal, if any, has been preferred by the Revenue against the order of the learned CIT (A) dated 10 June 2019. The application for the calling of the order shall be made within the prescribed time. We hold that there is no requirement to adjudicate the issue raised by the assessee on merit. Hence the ground of appeal of the assessee is dismissed. Issues Involved:1. Challenge to the order passed under section 263 of the Income Tax Act, 1961.2. Determination of the nature of payment made to Retired Partners.3. Assessment of the appeal against the order framed under section 263 of the Act.Issue 1: Challenge to the order passed under section 263 of the Income Tax Act, 1961:The appeal was filed by the Assessee against the order of the Learned Principal Commissioner of Income Tax-4, Ahmedabad, dated 16/03/2018, concerning the assessment order passed under section 143(3) of the Income Tax Act, 1961 for Assessment Year 2013-14. The Assessee raised objections to the order, claiming it to be bad in law and contrary to the provisions of the Act. The Assessee contended that the Learned CIT erred in setting aside the Assessment Order without demonstrating its errors or prejudicial nature to Revenue. The Assessee argued that the AO had considered all requisite details before completing the assessment, and the order was in line with the Act and supported by judicial precedents. The Assessee sought to quash the impugned order passed by the Learned CIT under section 263 of the Act.Issue 2: Determination of the nature of payment made to Retired Partners:The Assessee, a partnership firm engaged in professional consultancy as chartered accountants, had its assessment framed under section 143(3) of the Act, resulting in certain additions to its total income. Subsequently, the Learned CIT under section 263 observed that the AO's order was erroneous and prejudicial to revenue due to the non-disallowance of payments made to retiring partners as capital in nature. The Learned CIT directed the AO to make proper inquiries regarding these payments. The AR for the Assessee argued that the payments to retired partners were not capital in nature but a diversion of income due to a prior charge created in the partnership deed. The AR highlighted clauses in the partnership deed supporting this argument and referenced previous judgments in favor of the Assessee. The CIT (A) deleted the addition made by the AO, emphasizing the nature of the payments and the partnership deed provisions. The AR contended that since the Revenue did not appeal the CIT (A)'s decision, the issue raised against the Learned CIT's order became irrelevant.Issue 3: Assessment of the appeal against the order framed under section 263 of the Act:The Tribunal noted that the grievance raised by the Assessee against the order of the Learned CIT under section 263 of the Act had been resolved by the CIT (A) in the Assessee's favor for the same assessment year. As the issue had been settled, the Tribunal deemed the Assessee's appeal as academic and unnecessary for separate adjudication. The Tribunal granted the Assessee liberty to apply for recalling the order if the Revenue preferred an appeal against the CIT (A)'s decision. Consequently, the Tribunal dismissed the Assessee's appeal, concluding that there was no need to adjudicate the issue on merit.In conclusion, the judgment addressed the challenges to the order passed under section 263 of the Income Tax Act, the nature of payments made to Retired Partners, and the assessment of the appeal against the said order. The detailed analysis provided insights into the legal arguments, interpretations of the provisions, and the application of precedents in resolving the issues raised by the Assessee.