The
appeal before the Income Tax Appellate Tribunal, Delhi Bench, arose from the
order passed by the Principal Commissioner of Income Tax (Central), Kanpur
under Section 263 of the Income Tax Act, 1961, seeking to revise an assessment
framed under Section 143(3) for Assessment Year 2021-22.
During
scrutiny assessment, the Assessing Officer examined substantial trading
liabilities and outstanding creditors reflected in the assessee’s books.
Detailed enquiries were undertaken, including issuance of notices under Section
133(6) to sixteen creditors. Responses were received from thirteen parties.
After evaluating the material on record and finding deficiencies in the
assessee’s explanation regarding creditworthiness and genuineness, the Assessing
Officer made an addition of ₹12.48 crore under Section 68 read with Section
115BBE.
Subsequently,
the PCIT invoked revisionary jurisdiction under Section 263 on the premise that
the Assessing Officer failed to make adequate enquiries and that the addition
ought to have been made under Section 41(1) instead of Section 68. The entire
assessment order was set aside with directions for fresh enquiry.
The
Tribunal held that invocation of Section 263 was legally untenable. It was
categorically observed that this was not a case of lack of enquiry, as
the Assessing Officer had conducted detailed verification, applied his mind,
and taken a conscious view supported by statutory provisions. The mere
difference of opinion regarding the appropriate charging section does not
render an assessment order erroneous.
Further,
the Tribunal clarified that Section 41(1) applies only where there is evidence
of remission or cessation of liability resulting in a benefit to the assessee,
which was absent in the present case. In contrast, Section 68 squarely covered
unexplained credits found in the books, and the addition under Section 115BBE
resulted in a higher tax incidence, negating any allegation of prejudice
to the revenue.
Additionally,
the Tribunal found a fundamental jurisdictional defect in the PCIT’s order, as
the revision notice pertained only to a specific addition, whereas the final
order set aside the entire assessment, which is impermissible in law.
Accordingly,
the ITAT quashed the revision order passed under Section 263 and restored the
assessment framed under Section 143(3), allowing the assessee’s appeal in full.
Source Link- https://itat.gov.in/public/files/upload/1767179400-KnBV6B-1-TO.pdf
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