GEMINI INDUSTRIES AND IMAGING LIMITED,CHENNAI vs. DCIT, CHENNAI

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ITA 1255/CHNY/2014Status: DisposedITAT Chennai10 April 2015AY 2009-105 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that an assessment order must reflect the Assessing Officer's application of mind and record reasons for allowing or disallowing claims. The absence of such reasons renders the order erroneous and prejudicial to the revenue.

What were the facts?

The assessee claimed deduction under Section 35D, but the assessment order was silent on this claim. The Commissioner invoked Section 263, setting aside the assessment order and directing a fresh assessment.

What were the issues?

Whether an assessment order silent on a specific claim is erroneous and prejudicial to the revenue, justifying revision under Section 263. The necessity of recording reasons in assessment orders.

Which sections of the Income-tax Act were involved?

Section 35D,Section 263

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, “A” BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI A. MOHAN ALANKAMONY

Hearing: 07.04.2015Pronounced: 10.04.2015

आदेश /O R D E R

PER N.R.S. GANESAN, JUDICIAL MEMBER:

1.

This appeal of the assessee is directed against the order of the Commissioner of Income Tax-IV, Chennai, dated 26.03.2014, Act').

2.

Shri Anil Nair, Ld. representative of the assessee, submitted that though the assessee has raised as many as three grounds, viz. interest payment to Mrs. Indra Anand, applicability of Section 50C of the Act and the expenditure claimed under Section 35D of the Act, the only grievance now remains to be adjudicated is the expenditure claimed by the assessee under Section 35D of the Act. Referring to provisions of Section 35D of the Act, the Ld. representative submitted that the assessee has meritorious case for claiming deduction under Section 35D of the Act. On a query from the Bench whether the Assessing Officer considered the claim of the assessee under Section 35D of the Act, the Ld. representative clarified that the assessment order is silent on this aspect.

According to Ld. representative, it is for the Assessing Officer to discuss the matter one way or other, the failure of the Assessing Officer to discuss the issue raised cannot be a ground for exercising revisional jurisdiction by the Commissioner. According to Ld. representative, as far as the assessee is concerned, it has filed all the details required by the Assessing Officer during the course of assessment proceedings.

3.

We heard Shri Pathlavath Peerya, Ld. Departmental Representative also.

4.

We have considered the rival submissions on either side and perused the relevant material on record. Admittedly, the assessment order is silent with regard to claim made by the assessee under Section 35D of the Act. The assessment proceeding before the Assessing Officer is a judicial proceeding under Section 136 of the Act. Therefore, the assessment order shall reflect the application of mind by the Assessing Officer. The Assessing Officer one way or other discusses the matter for allowing or disallowing the claim of the assessee. Unless the reasons for allowing or disallowing the claim of the assessee are recorded in the assessment order itself, the appellate/revisional authority may not be able to appreciate the reasons for allowing or disallowing the claim of the assessee by the Assessing Officer.

Therefore, the very purpose of providing appellate/revisional remedy under the Income-tax Act would be defeated.

5.

Moreover, whether it is a judicial order or an administrative order, the reason for conclusion shall contain in the order itself. It is a well settled principle of law that reason for the conclusion arrived filing additional document or affidavit in appellate or revisional proceeding. In other words, the reason shall be contained in the order itself.

6.

The reason recorded in the assessment order would be the live link between the order and the officer who is passing the order. Requirement of recording reason in the order would remove the arbitrariness in decision making process. In this case, admittedly, no such reasons were recorded. Therefore, this Tribunal is of considered opinion that the assessment order is not only erroneous but also prejudicial to the interests of Revenue. This view of the Tribunal is fortified by the judgment of the Constitutional Bench of the Apex Court in Mukherjee v. Union of India 1990 AIR SC 1984 and in Toyota Motor Corporation v. CIT (2008) 306 ITR 52 (SC). The Commissioner has simply set aside the order of the Assessing Officer and directed to pass an order de novo after conducting proper enquiry. Therefore, this Tribunal is of considered opinion that the assessee may not have any grievance at all. It is for the assessee to place all the material before the concerned Assessing Officer. The Assessing Officer shall consider all the materials that may be filed by the assessee and thereafter decide the issue in

7.

With the above observation, the order of the Commissioner is confirmed. The appeal of the assessee stands dismissed.

Order pronounced in the court on 10th April, 2015 at Chennai.

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