2024 (9) TMI 1567 - AT - Income Tax

Tribunal Overturns PCIT's Decision: Assessing Officer's Examination of Notional Guarantee Income Found Sufficient.

Adani Wilmar Limited Versus The Principal Commissioner of Income Tax-1, Ahmedabad.

Adani Wilmar Limited Versus The Principal Commissioner of Income Tax-1, Ahmedabad. - TMI Issues:1. Appeal against order under section 263 of the Income Tax Act, 1961.2. Validity of setting aside the assessment order by PCIT-1, Ahmedabad.3. Jurisdiction under section 263 of the Act.4. Treatment of notional guarantee income.5. Compliance with legal standards in assessment proceedings.Analysis:1. The appeal was filed by the assessee against the order passed by the Principal Commissioner of Income Tax, Ahmedabad under section 263 of the Income Tax Act, 1961 for the Assessment Year 2018-19. The grounds of appeal raised by the assessee challenged the validity of the order passed by the PCIT-1, Ahmedabad.2. The PCIT-1, Ahmedabad set aside the assessment order passed by the Assessing Officer, citing issues related to notional guarantee income. The assessee contended that the Assessing Officer had already examined the issue during the assessment proceedings and had accepted the explanation provided by the assessee. The PCIT's conclusion was challenged on the grounds that there was no basis for considering the assessment order as erroneous or prejudicial to the revenue.3. The assessee argued that the twin conditions for invoking jurisdiction under section 263 of the Act were not satisfied as the issue relied upon by the PCIT did not demonstrate any error or prejudice to the revenue. The assessee emphasized that the notional guarantee income was disclosed as per accounting standards and was not actual income received, thus justifying its treatment in the return of income.4. The Assessing Officer had examined the notional guarantee income during the assessment proceedings and accepted the explanation provided by the assessee. The PCIT's decision to invoke section 263 was deemed unjustified as it ignored the Assessing Officer's verification and the fact that the notional income did not result in any revenue loss. The judicial precedents cited by the assessee supported the contention that the assessment order was not erroneous or prejudicial to the revenue.5. After hearing both parties and reviewing the relevant materials, the Tribunal found that the PCIT's observation regarding the notional guarantee income was not justified. The Tribunal held that the Assessing Officer had appropriately examined the issue, and the notional income did not lead to any revenue loss. Therefore, the PCIT's decision to set aside the assessment order was considered a second view, not permissible under section 263 of the Act, leading to the allowance of the assessee's appeal.In conclusion, the Tribunal allowed the appeal filed by the assessee, emphasizing that the assessment order was not erroneous or prejudicial to the revenue, and the PCIT's decision under section 263 was unwarranted.