2025 (9) TMI 1574 - AT - Income Tax

Revision under s.263 cannot be assumed where AO addressed Chapter VIA and allowed s.80P(2)(d) and s.80P(2)(a)(i) deductions for cooperative society

ITAT, Pune (AT) allowed the appeal, holding PCIT erroneously assumed jurisdiction under s.263. The AO had addressed the Chapter VIA deduction query and ... Revision u/s 263 - Deduction u/s. 80P(2)(d) - interest from investments held with Cooperative Banks - Allowing of provisioning of expenses during the assessment proceedings HELD THAT:- As specific query was raised by the AO regarding the claim of deduction under Chapter VIA and the same has been complied by the assessee which has been duly mentioned in the assessment order also. Secondly, regarding the disallowance of provisioning of expenses we note that the assessee has added back the provisioning of expenses to the net profit which are part of the total disallowance and the same was very much available before the AO and after necessary verification has accepted the claim. Therefore, since both the issues have already been examined by the AO, PCIT failed to assume jurisdiction u/s. 263 of the Act. Deduction u/s. 80P for the interest income earned from investments held with Cooperative Banks - Issue has come up for adjudication before this Tribunal in plethora of decisions and consistent view has been taken that since Cooperative Banks are basically Cooperative Societies, therefore the interest earned on investments held with Cooperative banks are eligible for deduction u/s. 80P(2)(d) of the Act. Our view is fortified by the decision of this Tribunal in the case of Ruby Hall Clinic Karmachari Sahakari Pat Sanstha Maryadit [2024 (4) TMI 133 - ITAT PUNE], Rena Sahakari Sakhar Karkhana Ltd. [2022 (1) TMI 419 - ITAT PUNE] and Shree Parashar Vividh Kary Kari Sahakari Vikas Sanstha Maryadit [2024 (6) TMI 863 - ITAT PUNE]. Since AO has duly referred to the decisions of this Tribunal and has taken a plausible view, therefore, the order of AO is neither erroneous nor prejudicial to the interest of Revenue on this issue of allowing deduction u/s. 80P(2)(d) of the Act. Allowability of provisioning of expenses - As we find that assessee has filed necessary details and the same indicates that in the computation of income assessee has added back the expenses and the details of the same inter alia includes the provisioning of expenses at Rs. 13.30 lakh. It is an admitted fact that in the case of Cooperative Societies where they are eligible for deduction u/s. 80P(2)(a)(i) of the Act, even if there is disallowance of expenses or adding back of the provisions, the increased net profit is also eligible for deduction u/s. 80P(2)(a)(i) of the Act. Since there is no dispute that the assessee society is eligible for deduction u/s. 80P(2)(a)(i) of the Act the provisioning of expenses added back to the income have again become eligible for deduction. Therefore, on this issue also, the order of AO is neither erroneous nor prejudicial to the interest of Revenue. Appeal filed by the assessee is allowed. ISSUES PRESENTED AND CONSIDERED 1. Whether the Commissioner was justified in exercising jurisdiction under section 263 of the Income-tax Act to set aside the assessment on the ground that the Assessing Officer's allowance of deduction under section 80P(2)(d) in respect of interest income from investments in co-operative banks was erroneous and prejudicial to the revenue. 2. Whether the Commissioner was justified in exercising jurisdiction under section 263 of the Act to set aside the assessment for allowing provisioning of expenses (approximately Rs. 13.70 lakh) when such provisions had been added back in the computation and the assessee claimed deduction under section 80P. 3. Whether the Assessing Officer applied mind and made appropriate enquiries on the above two issues so as to render the assessment order immune from revision under section 263. ISSUE-WISE DETAILED ANALYSIS Issue 1: Validity of invoking section 263 in respect of deduction under section 80P(2)(d) for interest on investments in co-operative banks Legal framework: Section 263 empowers the Commissioner to call for and examine records and, if an order is found to be erroneous in so far as it is prejudicial to the interests of the revenue, to modify, enhance or set aside the order after affording opportunity and making such inquiry as deemed necessary. The provision contemplates a four-stage exercise: (i) calling and examining records; (ii) forming an opinion that the AO's order is erroneous and prejudicial; (iii) issuing show-cause and hearing the assessee; and (iv) passing an appropriate order. Precedent treatment: The Supreme Court has held that section 263 cannot be invoked to correct every mistake; it applies where an order is erroneous and prejudicial. An incorrect assumption of fact or law, failure to apply principles of natural justice or absence of application of mind can render an order erroneous. Mere adoption of one of two permissible views does not render an AO's order erroneous unless the view is unsustainable in law. Interpretation and reasoning: The Tribunal examined the AO's file and found that the AO had raised specific queries on Chapter VIA deductions and had examined the submissions of the assessee before allowing deduction under section 80P(2)(d). The Tribunal noted a consistent line of decisions of the Tribunal holding that interest earned on investments with co-operative banks is eligible for deduction under section 80P(2)(d) because co-operative banks are essentially co-operative societies. The Assessing Officer had referred to these Tribunal decisions and taken a plausible view in law. Therefore the AO's allowance represented a tenable and sustainable view rather than an unsustainable or indisputably erroneous conclusion. Ratio vs. Obiter: Ratio - Section 263 cannot be invoked where the Assessing Officer has considered relevant material and taken a plausible view supported by precedent; where two views are possible and the AO takes one view that is sustainable, such conduct does not amount to an erroneous order prejudicial to revenue. Obiter - Observations on specific Tribunal precedents cited to support the legal position. Conclusion: The Commissioner erred in assuming jurisdiction under section 263 with respect to the allowance under section 80P(2)(d); the AO's order was not shown to be erroneous and prejudicial to revenue. The AO had applied mind and followed a plausible view consistent with Tribunal decisions; therefore the section 263 action was unjustified. Issue 2: Validity of invoking section 263 in respect of provisioning of expenses added back in computation Legal framework: Same statutory provision and tests under section 263 as set out above. Additionally, for cooperative societies claiming deduction under section 80P(2)(a)(i), income after add-backs or disallowances (including provisions) may still qualify for deduction subject to eligibility. Precedent treatment: Principle that section 263 cannot be invoked where AO has examined the facts and made appropriate adjustments; further, for societies eligible under section 80P(2)(a)(i) the net profit increased by add-backs remains eligible for deduction where statutory conditions are met. Interpretation and reasoning: The Tribunal found that the assessee had disclosed add-backs including provisioning of approximately Rs. 13.70 lakh and that these add-backs were part of total disallowance amounting to Rs. 17,56,526, which was specifically considered by the AO in framing the assessment. The AO verified the details and accepted the computation. Moreover, because the assessee was eligible for deduction under section 80P(2)(a)(i), the increased net profit arising from the add-backs remained eligible for deduction. The AO's treatment was thus a considered exercise of discretion based on available material and applicable law. Ratio vs. Obiter: Ratio - Where the AO has examined and accepted an add-back and the statute permits deduction of the resultant net profit for eligible cooperative societies, invoking section 263 is inappropriate. Obiter - Specific numeric reconciliation and description of the computation presented by the assessee. Conclusion: The Commissioner's exercise of revisionary powers under section 263 with respect to the provisioning of expenses was not justified because the AO had examined and recorded the add-backs and the statutory scheme allowed deduction of the resultant income; the AO's order was neither erroneous nor prejudicial to revenue. Issue 3: Whether requisite preconditions for section 263 exercise were met (application of mind, inquiries, and availability of material) Legal framework: Section 263 requires the Commissioner to form an opinion that an order by the AO is erroneous and prejudicial after examination; however, such opinion must be grounded on absence of application of mind, failure to make enquiries, or adoption of an unsustainable legal view. The Commissioner must issue show-cause and afford hearing before passing a revisionary order. Precedent treatment: Authorities indicate that mere disagreement with the AO's view does not justify section 263 if the AO has considered relevant material and arrived at a plausible conclusion. Interpretation and reasoning: The Tribunal reviewed the record and observed that the AO had raised queries, obtained and considered the assessee's responses, and recorded findings in the assessment order on both issues. The Commissioner did issue a show-cause but, on the material, could not demonstrate that the AO failed to apply mind or that the AO's conclusions were unsustainable in law. The Tribunal therefore concluded that the statutory preconditions for valid exercise of section 263 were not satisfied. Ratio vs. Obiter: Ratio - The Commissioner cannot validly exercise revisionary jurisdiction under section 263 where the AO has considered the relevant facts and taken a tenable legal view; absence of such a showing renders the revision invalid. Obiter - Procedural description of the four compartments/stages of section 263. Conclusion: The Commissioner improperly assumed jurisdiction under section 263 because the AO had applied mind and examined material on both contested issues; the Commissioner failed to establish that the AO's order was erroneous and prejudicial to revenue. Final Determination Based on the above analyses, the Tribunal set aside the Commissioner's section 263 order as erroneous in assumption of jurisdiction, quashed the revisionary order, and restored the assessment order. The appellate relief in favour of the assessee was accordingly allowed.