2023 (4) TMI 289 - AT - Income Tax

Tribunal rules in favor of assessee, overturns PCIT's jurisdictional error under Section 263.

The Tribunal allowed the appeal, condoning the delay in filing based on bona fide belief. It held that the PCIT exceeded jurisdiction under Section 263, ... Revision u/s 263 - initiation of penalty proceedings u/s.270A and source for FDs with bank, on which, interest income earned by the assessee - HELD THAT:- As per reasons given by the PCIT in the order we find that the AO has issued notice u/s.274 r.w.s.270A of the Act, on 13.12.2019 and called upon the assessee to explain ‘as to why’ penalty should not be levied for under reporting of income. From the notice itself it can be ascertained that the AO has satisfied that he has proceeded with initiation of penalty proceedings for under reporting of income - PCIT is completely erred in coming to the conclusion that the AO has not initiated penalty proceedings u/s.270A with a proper satisfaction. Thus, on this issue, the assumption of jurisdiction by the PCIT fails. Source for FDs with two banks - The issue of FDs with two banks was in the knowledge of the AO. Although, the AO specifically did not discuss the issue of source for FDs, but, after considering the explanation of the assessee that source for FDs is out of sale proceeds of a property in the capacity of power of attorney holder and said sale of property was assessable in the hands of the original owners of the property, the AO has accepted the claim of the assessee and completed the assessment, which is evident from the fact that the AO has made additions towards interest income from very same FD, but does not made any addition towards source for said deposit - Thus the assumption of jurisdictional by the PCIT fails. AO made necessary enquiries and has taken a view. The assessment order passed by the AO is neither erroneous nor prejudicial to the interest of the Revenue. PCIT without satisfying ‘as to how & why’ the assessment order passed by the AO is erroneous in so far as it is prejudicial to the interest of the Revenue, invoked jurisdiction u/s.263 of the Act, and set aside the assessment order - Appeal filed by the assessee is allowed. Issues Involved:1. Condonation of delay in filing the appeal.2. Legality of the Principal Commissioner of Income Tax (PCIT) invoking Section 263.3. Examination of the Assessing Officer's (AO) actions regarding penalty proceedings under Section 270A.4. Verification of the source of interest income from Fixed Deposits (FDs).Summary:Condonation of Delay:The assessee filed an appeal with a delay of 275 days, justified by a bona fide belief that there was no necessity to appeal against the PCIT's order under Section 263. The Tribunal, considering the reasons provided, condoned the delay, emphasizing the importance of advancing substantial justice.Legality of PCIT Invoking Section 263:The assessee contended that the PCIT exceeded his powers by invoking Section 263 on issues beyond the limited scrutiny scope. The Tribunal noted that the PCIT assumed jurisdiction under Section 263, questioning the AO's failure to properly initiate penalty proceedings and verify the source of FDs. The Tribunal found the PCIT's assumption of jurisdiction on these issues to be erroneous.Penalty Proceedings under Section 270A:The PCIT argued that the AO failed to record proper satisfaction before initiating penalty proceedings under Section 270A. The Tribunal observed that the AO had issued a notice under Section 274 r.w.s. 270A, indicating satisfaction for initiating penalty proceedings. Thus, the Tribunal held that the PCIT erred in concluding that the AO did not properly initiate penalty proceedings.Verification of Source of Interest Income:The PCIT claimed that the AO did not verify the source of FDs, which led to interest income. The Tribunal found that the AO had made necessary inquiries and was aware of the FDs, as evidenced by the addition of interest income. The AO accepted the assessee's explanation regarding the source of FDs, which was out of the sale proceeds of a property. Therefore, the Tribunal concluded that the PCIT's assumption of jurisdiction on this issue was also incorrect.Conclusion:The Tribunal quashed the PCIT's order under Section 263, ruling that the assessment order passed by the AO was neither erroneous nor prejudicial to the interest of the Revenue. The appeal filed by the assessee was allowed.