Tribunal held that PCIT has no jurisdiction to proceed u/s 263 against the Order passed u/s 143(3) r/w sec153B, when there is no revision of approval of Jt CIT u/s. 153D. In the assessee’s case, copies of documents, emails and power point presentations were found from the computer of 3rd party being an ex-employee. Furthermore, no incriminating documents or material were found from the possession of assessee.
In revision proceedings PCIT considered the said documents seized from third party as evidences and proceeded with the proceedings u/s 263.
Tribunal held that PCIT having proceeded without any corroborative evidences, nor has obtained certificate u/s. 65B(4) of the Evidence Act to prove the contents of seized documents, the same is not admissible in evidence, the order u/s 263 is perverse (AY. 2017-18)