Alok Vijawat v. PCIT (2025) 121 ITR 481 / 178 taxmann.com 640 (Jaipur)(Trib.)

S. 263: Commissioner-Revision of orders prejudicial to revenue-Survey-Assessment completed after survey-One possible view taken by Assessing Officer-Explanation 2(a) to section 263 does not confer unfettered powers upon the Principal Commissioner to revise every assessment order merely because another view is possible.-Revision not valid.[S 69, 69A, 115BBE, 133A]

The assessee offered the income surrendered during the survey as business income, which was accepted by the Assessing Officer after issuing a specific show-cause notice regarding the applicability of section 115BBE and examining the issue. The Principal Commissioner invoked section 263, holding that the surrendered amount ought to have been assessed under sections 69 and 69A. The Tribunal held that the Assessing Officer had made proper enquiries, applied his mind and adopted one of the legally permissible views. Explanation 2(a) to section 263 does not confer unfettered powers upon the Principal Commissioner to revise every assessment order merely because another view is possible. Since the assessment order was neither erroneous nor prejudicial to the interests of the Revenue, the revision order was quashed. (AY. 2019-20)

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