2025 (8) TMI 1693 - HC - Income Tax

Assessee's reply to AO query keeps issue 'under consideration'; s.14A held inapplicable, no remand, revision dismissed

Principal Commissioner Of Income Tax, Jaipur-II Versus M/s Shriram General Insurance Company Limited

Principal Commissioner Of Income Tax, Jaipur-II Versus M/s Shriram General Insurance Company Limited - 2025:RJ - JP:33859 - DB ISSUES PRESENTED AND CONSIDERED 1. Whether the Principal Commissioner's exercise of power under Section 263(Explanation (2)(a),(b),(c)) was justified in setting aside an assessment order where the Assessing Officer had raised queries on an issue during assessment proceedings and the assessee had replied, but the assessment order contained no discussion on that issue. 2. Whether Section 14A (and Rule 8D) is applicable to an assessee engaged in business of insurance whose income is required to be computed in accordance with the First Schedule under Section 44, i.e., whether Section 44 excludes application of Section 14A to insurance companies. ISSUE-WISE DETAILED ANALYSIS - Issue 1: Validity of Exercise of Revisionary Power under Section 263 when AO Raised and Considered the Issue but Did Not Record It in the Assessment Order Legal framework: Section 263 empowers the Principal Commissioner to revise an assessment if it is erroneous or prejudicial to the interest of revenue; Explanation (2) to Section 263 sets out circumstances (including change of opinion) in which revision may be impermissible. Assessment proceedings include queries under Section 142(1) and replies thereto; an assessment order is required under Section 143(3). Precedent treatment: The Court relied upon and followed the principle in Aroni Commercials Ltd. (Bombay High Court) that where the AO raises a query during assessment proceedings and the assessee replies, the matter is considered by the AO even if the assessment order does not explicitly record the discussion or satisfaction; lack of explicit reference in the assessment order does not, by itself, show that the AO did not consider the issue. Interpretation and reasoning: The Court accepted the ITAT's factual finding that the AO had raised specific queries (notice dated 23.11.2020, Question No.7) seeking details about exempt income and expenses and that the assessee replied asserting non-applicability of Section 14A. The AO, being satisfied with the explanation, did not make additions and omitted discussion in the final order. Applying the Aroni principle, the Court reasoned that absent any indication that the AO failed to consider the issue, the mere omission of express discussion in the assessment order does not render the assessment erroneous or prejudicial such as to warrant revision under Section 263. The Court further noted that it would be impractical to require the AO to record satisfaction on every query if no addition is warranted. Ratio vs. Obiter: Ratio - Where AO raises a query and the assessee responds, such query is regarded as considered by the AO for the purpose of assessing whether revision under Section 263 is permissible; lack of express mention in the assessment order does not automatically justify revision under Section 263. Obiter - Observations on administrative impracticability of recording satisfaction on each query reinforce but do not expand the holding. Conclusion: The PCIT's order under Section 263 remanding the issue to the AO was not justified because the AO had considered the Section 14A issue in assessment proceedings; therefore, revision under Section 263 amounted to impermissible change of opinion. The ITAT correctly set aside the PCIT's order on this ground and the Court found no substantial question of law in respect of this issue. ISSUE-WISE DETAILED ANALYSIS - Issue 2: Applicability of Section 14A to Insurance Companies Whose Income Is Computed Under Section 44/First Schedule Legal framework: Section 14A disallows expenditure incurred in relation to exempt income; Rule 8D prescribes computation of disallowance. Section 44 (and First Schedule) prescribes special method for computation of income of insurance business. Precedent treatment: The ITAT considered the merits and concluded that Section 14A was not applicable to the assessee on the facts. The Court accepted the ITAT's merits conclusion and did not disturb it. The decision in Aroni was used for procedural principle and not for substantive treatment of Section 14A. Interpretation and reasoning: On the facts, the assessee (general insurance company) had responded during assessment proceedings that Section 14A did not apply because income of insurance business is computed under Section 44 in accordance with the First Schedule. The AO examined the explanation and took a view (i.e., no disallowance) during assessment. The ITAT, after considering the matter on merits, held Section 14A inapplicable to the particular facts; the Court found no reason to interfere with that merits conclusion. The Court did not undertake a novel interpretive exercise to hold as a general proposition that Section 44 excludes Section 14A; rather, it accepted the tribunal's fact-specific conclusion that Section 14A was not applicable in the instant case. Ratio vs. Obiter: Ratio - On these facts, Section 14A was not applicable to the assessee as a matter of assessment; the tribunal's merits conclusion that no disallowance under Section 14A was warranted stands. Obiter - No broad pronouncement was made that Section 44 universally excludes application of Section 14A to all insurance companies; the Court limited its conclusion to the facts before it. Conclusion: The ITAT's conclusion that Section 14A was not applicable on the facts of the case is sustained. The Court found no substantial question of law arising from the ITAT's merits determination and therefore dismissed the appeal. CROSS-REFERENCES AND SYNTHESIS 1. Issue 1 and Issue 2 are interconnected: the procedural question whether revision under Section 263 was permissible turned on the factual-legal finding that AO had considered Section 14A during assessment proceedings (Issue 1), which in turn rendered unnecessary the remand for fresh consideration of Section 14A (Issue 2). 2. The Court treated the Aroni principle as determinative for the procedural aspect and accepted the ITAT's merits findings on Section 14A without undertaking fresh substantive interpretation beyond the case facts. OVERALL CONCLUSION The Tribunal's order setting aside the Principal Commissioner's revision under Section 263 was sustained: (a) the AO had considered the Section 14A issue during assessment proceedings (so revision amounted to impermissible change of opinion), and (b) on the merits, Section 14A did not require disallowance in the facts of the case. No substantial question of law arises; appeal dismissed.