2004 (1) TMI 292 - AT - Income Tax

Assessment order cancelled under IT Act due to inadequate investigation by AO.

The Tribunal upheld the CIT's decision to cancel the assessment order under section 263 of the IT Act, 1961, due to the AO's failure to investigate the ... - Issues:1. Whether the order passed by the CIT under section 263 of the IT Act, 1961, was justified.2. Whether the assessee's claim regarding the purchase of drafts and investment in coal was adequately examined during the assessment proceedings.Analysis:1. The appeal was against the order passed by the CIT under section 263 of the IT Act, 1961. The grounds of appeal contended that the CIT erred in invoking section 263 without giving the assessee an opportunity and canceling the assessment order passed by the ITO. The CIT held that the AO's order was erroneous and prejudicial to the interest of Revenue as it did not address the investment in coal made by the assessee. The CIT, after considering the facts, case laws, and lack of inquiry during assessment, concluded that the AO's order was erroneous and canceled it under section 263.2. The facts revolved around the assessee's investment in coal and purchase of drafts. The CIT noted discrepancies between the information provided by the assessee and the assessment order. The assessee argued that there was no evidence of purchasing the drafts and that the income from selling delivery orders was disclosed. The Departmental Representative highlighted that the investment in drafts was not enquired into during the regular assessment, leading to the show-cause notice under section 263. The Departmental Representative emphasized the affidavit and documents submitted by the assessee to support the investment claim. The CIT, after reviewing the submissions, canceled the assessment order for further investigation into the sources of investment in the drafts.3. The Tribunal observed that the assessee did not provide details of the sale of delivery orders during the proceedings. However, documents indicated the investment in coal and drafts, which the AO did not inquire into during assessment. The Tribunal found that the AO's failure to investigate these crucial details rendered the assessment prejudicial to Revenue. The Tribunal upheld the CIT's decision to cancel the assessment order under section 263, considering the documentary evidence and lack of inquiry by the AO.In conclusion, the Tribunal dismissed the appeal, affirming the CIT's decision to cancel the assessment order and conduct further inquiries into the sources of investment in coal and drafts. The judgment emphasized the importance of thorough assessment procedures and proper examination of all relevant facts to prevent prejudicial outcomes to Revenue.