Abdul Hamid. v. ITO (2020) 183 ITD 711/195 DTR 321/207 TTJ 1109 (Gauhati)(Trib.)/Abdul Hannan v .ITO (2020) 183 ITD 711/195 DTR 321/207 TTJ 1109 (Gauhati) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash credit-Assessing the deposits as undisclosed turnover and estimating income at 4% of turnover-Only probability and likelihood to find error in assessment order is not permitted-Revision is held to be not valid-When undisclosed amount of assessee in his bank account as undisclosed business receipts/turnover provision of 115BBE would not attract. [S. 68, 115BBE]

Assessing Officer assessed deposits pertaining to undisclosed business receipts/undisclosed turnover, computed margin of profit of undisclosed business receipts at 4 per cent. Assessing Officer also made addition on account of interest on saving bank account. The PCIT passed the order u/s 263 of the Act. Tribunal held that since bank account in question had been verified by Assessing Officer and his order was not erroneous, Tribunal has observed that only probability and likelihood to find error in assessment order is not permitted under section 263, Commissioner ought to find out specific error in assessment order. The Tribunal also held that when undisclosed amount of assessee in his bank account as undisclosed business receipts/turnover provision of  section  115BBE would not attract.  (AY. 2014-15)