2022 (5) TMI 413 - AT - Income Tax

Appeal challenges tax order, questions jurisdiction, correctness

Kodagu Jilla Vanijodhyamigala Vividhodhesha Sahakara Sanga Niyamitha R, Chamber of Commerce Building Junior College Road Versus The Pr. Commissioner of Income tax, Nazarbad

The appeal challenged the Pr. Commissioner of Income Tax's order under section 263, contesting the jurisdiction and correctness of the order. The ... Revision u/s 263 - deduction u/s 80P(2)(a)(i) - HELD THAT:- As relying on M/S. KAKKABE VSSN BANK LTD. VERSUS THE PRINCIPAL COMMISSIONER OF INCOME-TAX, MYSORE [2022 (2) TMI 1230 - ITAT BANGALORE] we remand the case back to the AO to carry out de novo verification on the issues considered by the PCIT in the impugned order in the light of the principle laid down by the Hon’ble Supreme Court in the case of Mavilayi Services Cooperative Bank Ltd., [2021 (1) TMI 488 - SUPREME COURT] and provide reasonable opportunity of being heard to the assessee . The assessee is directed to file the required documents before the AO and extend full cooperation to the AO. Appeal by the assessee is allowed for statistical purpose. Issues:1. Jurisdiction of the Pr. Commissioner of Income Tax under section 263 of the Income-tax Act.2. Eligibility of deduction under section 80P(2)(a)(i) of the Act.3. Correctness of the order passed by the Assessing Officer under section 143(3) of the Act.4. Interpretation of interest income from investments earned by the assessee.5. Compliance with CBDT guidelines/instructions by the Pr. Commissioner of Income Tax.6. Proper application of law by the Assessing Officer and the Pr. Commissioner of Income Tax.Jurisdiction of the Pr. Commissioner of Income Tax:The appeal challenged the order of the Pr. Commissioner of Income Tax (PCIT) passed under section 263 of the Income-tax Act, asserting that the assumption of jurisdiction under section 263 was incorrect. The appellant contended that the twin conditions of an 'erroneous order' and being 'prejudicial to the interest of revenue' were not satisfied simultaneously. Moreover, it was argued that the original order passed by the Assessing Officer (AO) was after proper application of mind and law, and the intervention by the PCIT was without the sanction of settled legal positions. The appellant further contended that the PCIT's observations and directions were incorrect on facts and untenable in law. The PCIT's assumption of jurisdiction on issues not part of the CASS Limited scrutiny mandate was also challenged for violating CBDT guidelines/instructions.Eligibility of Deduction under Section 80P(2)(a)(i) of the Act:The PCIT proposed to revise the AO's order, stating that the disallowance made by the AO was erroneous. The PCIT held that interest income earned from investments by the assessee was not eligible for deduction under section 80P(2)(a)(i) as it was not from the business of banking or lending credit to society members. The appellant argued that the investments were made in a District Cooperative Bank, making them eligible for deduction under a different section of the Act. However, the PCIT disagreed and directed the AO to revise the assessment order.Correctness of the Order Passed by the Assessing Officer:The AO had disallowed a portion of the profit earned by the assessee on transactions with nominal members, concluding that it was not eligible for deduction under section 80P. The PCIT found this disallowance erroneous and prejudicial to the interest of revenue, directing the AO to revise the assessment order.Interpretation of Interest Income from Investments:The PCIT held that interest income earned by the assessee from institutions was not eligible for deduction under section 80P(2)(a)(i). The PCIT's decision was based on the interpretation that the income was not from the business of banking or lending credit to society members, contrary to the appellant's argument based on a Karnataka High Court decision.Compliance with CBDT Guidelines/Instructions:The appellant argued that the PCIT assumed improper jurisdiction under section 263 by breaching CBDT instructions, leading to a flawed impugned order.Proper Application of Law by the Assessing Officer and the Pr. Commissioner of Income Tax:The Tribunal, following a similar case, remanded the issue back to the AO for de novo verification in light of the principles laid down by the Supreme Court. The Tribunal directed the AO to carry out a fresh assessment and provide the appellant with a reasonable opportunity to be heard, ultimately allowing the appeal for statistical purposes.This comprehensive analysis of the judgment addresses the various issues raised in the appeal before the Appellate Tribunal ITAT Bangalore.