2022 (11) TMI 301 - AT - Income Tax

Tribunal upholds appeal, rejects revision, stresses correct application of tax laws

The Tribunal allowed the appeal, upholding the original assessment order. It found that the Assessing Officer had diligently examined relevant factors, ... Revision u/s 263 by CIT - assessee claimed deduction u/s 80IA - HELD THAT:- As pertinent to note that the very issue which was taken into account by the PCIT u/s 263 of the Act was already controverted by the Assessing Officer to the assessee during the assessment proceedings under Section 143(3) of the Act and after verification has been disallowed upon which the CIT(A) has rejected the appeal of the assessee as stated by the Ld. AR during the hearing. Section 263 of the Act is invoked when there is assessment order which is prejudicial to the interest of Revenue. But in the present case, the very basis of exercising the revisionary power u/s 263 does not survive as the AO has taken precaution and verified all the factors on the very same issue during the assessment proceedings. PCIT cannot review the AO’s order unless there is substantial loss on the part of the AO which is prejudicial to the interest of the Revenue. In the present case, the very basis of Section 263 of the Act has not been properly invoked by the PCIT as the Assessing Officer has taken utmost interest of the Revenue and the same cannot be stated as prejudicial to the interest of Revenue. Hence, appeal of the assessee is allowed. Issues Involved:Jurisdiction under Section 263 of the Income Tax Act - Proper examination and verification of assessment order under Section 143(3) - Deduction under Section 80IA of the Act - Correct income determination - Disallowance of expenses for manufacturing unit and Windmill unit - Rejection of appeal by CIT(A) - Revisionary power under Section 263 - Prejudicial to the interest of Revenue.Analysis:1. Jurisdiction under Section 263 of the Income Tax Act:The appeal was filed against the order passed by the PCIT-3, Ahmedabad for the Assessment Year 2017-18. The appellant raised concerns regarding the assumption of jurisdiction under Section 263 of the Act by the PCIT, arguing that the reasons stated in the show cause notice and the order passed under Section 263 were insufficient. The appellant contended that the assessment order under Section 143(3) was passed without proper examination, enquiry, and verification, challenging the validity of the impugned order.2. Deduction under Section 80IA of the Act:The appellant, engaged in manufacturing Auto Diesel Engine Parts and generating power through Windmill, claimed a deduction under Section 80IA of the Act. The PCIT observed discrepancies in the assessment, particularly related to the deduction claimed under Section 80IA(4)(iv) of the Act. It was noted that the assessment order was erroneous as the Assessing Officer failed to correct the deduction amount by disallowing expenses and adjusting the income from other sources. Consequently, the PCIT set aside the order and directed a fresh assessment.3. Disallowance of Expenses for Manufacturing and Windmill Units:During assessment proceedings, the appellant was questioned about common expenses related to the Windmill unit. The appellant clarified that specific expenses were allocated to the Windmill division, and net income after deductions was claimed under Section 80IA(4)(iv) of the Act. The proportionate expenses allocation was disputed by the Assessing Officer, leading to an appeal rejected by the CIT(A). The issue was thoroughly examined during assessment, and the PCIT's intervention under Section 263 was deemed unnecessary.4. Revisionary Power under Section 263 - Prejudicial to the Interest of Revenue:The Tribunal emphasized that Section 263 is invoked when an assessment order is prejudicial to the interest of Revenue. In this case, the Assessing Officer had diligently examined the relevant factors during assessment, leading to the disallowance of expenses. The Tribunal concluded that the PCIT's exercise of revisionary power was unwarranted as the Assessing Officer had safeguarded the Revenue's interests adequately. Consequently, the appeal of the assessee was allowed, and the original assessment order was upheld.In conclusion, the Tribunal's judgment focused on the proper application of Section 263, the correctness of deductions under Section 80IA, and the thorough examination of expenses allocation between manufacturing and Windmill units during assessment proceedings. The Tribunal's decision highlighted the importance of ensuring assessments are conducted diligently to prevent undue revisionary actions.