2022 (4) TMI 97 - AT - Income Tax

Tribunal quashes PCIT's order due to procedural error

Gerah Enterprises P. ltd. Versus Pr. Commissioner of Income Tax, Range-20, Mumbai

Gerah Enterprises P. ltd. Versus Pr. Commissioner of Income Tax, Range-20, Mumbai - TMI Issues Involved:1. Validity of the order passed under section 263 of the Income-tax Act, 1961 without mentioning the Document Identification Number (DIN).2. Legitimacy of invoking provisions of section 263 by the Principal Commissioner of Income Tax (PCIT) and setting aside the assessment order as erroneous and prejudicial to the interest of the revenue.3. Adequacy of inquiries conducted by the Assessing Officer (AO) regarding unsecured loans, other payables, and loans and advances.Detailed Analysis:1. Validity of the Order Passed Without Mentioning DIN:The assessee argued that the order passed by the PCIT under section 263 of the Act was invalid as it did not mention any DIN, contravening CBDT Circular No. 19 of 2019. The circular mandates that all communications issued by income tax authorities must have a computer-generated DIN. The PCIT's order dated 10th March 2021 lacked a DIN and did not include any exceptions or approvals for not including a DIN. Consequently, the Tribunal found that the order was in clear violation of the CBDT instructions and deserved to be quashed on this ground alone.2. Legitimacy of Invoking Section 263 Provisions:The PCIT invoked section 263, holding that the assessment order passed by the AO was erroneous and prejudicial to the interest of the revenue. The assessee contended that the PCIT did not provide a reasonable opportunity to be heard and failed to conclusively prove that the AO's order was erroneous. The Tribunal examined the procedural aspects and determined that the PCIT did not follow due process, particularly concerning the adjournment request and the inclusion of issues not mentioned in the original show cause notice. Despite these procedural lapses, the Tribunal found merit in the PCIT's substantive findings regarding the unsecured loan from M/s Sri Gopikrishna Trust.3. Adequacy of Inquiries Conducted by the AO:- Unsecured Loans:The PCIT noted that the AO failed to adequately verify the unsecured loan of Rs. 68,55,000 from M/s Sri Gopikrishna Trust, which had a corpus of only Rs. 1 lakh. The AO did not conduct third-party inquiries or verify the source of the funds. The Tribunal agreed with the PCIT that the AO's inquiry was insufficient, as merely accepting details from the tax audit report without further verification did not establish the creditworthiness and genuineness of the loan.- Other Payables and Loans and Advances:Regarding other payables of Rs. 13,48,320 and loans and advances of Rs. 3,27,83,970, the PCIT claimed that the AO accepted these amounts without proper inquiry. However, the Tribunal found that the assessee had provided necessary details and explanations to the AO, who had conducted due inquiries. Therefore, the Tribunal concluded that the AO's order was neither erroneous nor prejudicial to the revenue on this aspect.Conclusion:- The Tribunal quashed the PCIT's order under section 263 due to the violation of the CBDT circular regarding the DIN requirement.- On merits, the Tribunal upheld the PCIT's findings regarding the unsecured loan from M/s Sri Gopikrishna Trust, deeming the AO's order erroneous and prejudicial to the revenue.- The Tribunal found that the AO had conducted adequate inquiries regarding other payables and loans and advances, thus there was no error in the AO's order on these issues.Final Decision:The appeal of the assessee was allowed, and the order passed by the PCIT under section 263 was quashed.