PCIT v. Naga Dhunseri Group Ltd. (2023) 291 Taxman 278 (Cal.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Limited scrutiny-Mismatch of amount paid to related persons-Verification of expenditure-The issue which was not subject matter of limited scrutiny-Revision order to disallowance of expenditure under section 14A was quashed.[S. 14A, 40A(2)(b), 57]

Assessee’s case was selected for limited scrutiny for introduction of capital in NBFC/investment company, large deduction claimed under section 57 and mismatch of amount paid to related persons under section 40A(2)(b) reported in audit report and return.  Assessing Officer passed assessment order.Principal Commissioner invoked revisionary proceedings on grounds that disallowance under section 14A in respect of exempt income was not considered even when case of assessee was selected for limited scrutiny to verify introduction of capital in NBFC/investment companies which was connected with issue of disallowance. Tribunal quashed impugned revisionary order on ground that issue of disallowance under section 14A read with rule 8D in respect of exempt income was not one of issues which was selected for scrutiny. Dismissing the appeal of the Revenue the Court held that   as per CBDT Instruction No. 7 of 2014, dated 26-9-2014, Principal Commissioner could not make a roving enquiry in guise of a limited scrutiny, thus, Tribunal was justified in quashing impugned order. (AY. 2015-16)