Quashing the revision order the Tribunal held that in the proceedings pursuant to the first revision notice the Assessing Officer deleted the addition made under section 68 of the Act in respect of share capital and share premium and assessed the income at Rs. 1,240. Before deleting the addition, the Assessing Officer called for the necessary details from the assessee and also from the shareholders under section 133(6) of the Act which were fully replied by filing the details as requisitioned. The Assessing Officer gave a detailed finding in the assessment order for deleting the addition after carrying out detailed examination and enquiry into the matter. This was not a case of no enquiry or lack of enquiry as the Assessing Officer had made an enquiry and taken a view on the basis of examination of the evidence furnished by the assessee as well as by the subscribers. The twin conditions for revision were not satisfied as the order was neither erroneous nor prejudicial to the interests of the Revenue as all the facts were examined by the Assessing Officer on the basis of details and explanation of the assessee before the Assessing Officer and he had taken a correct view based on his examination of records furnished by the assessee as well as by the subscribers. The Tribunal also held that revisionary jurisdiction under section. 263 of the Act is not available on the same issue for the second time. (AY. 2013-14)
Anjaniputra Nirman P. Ltd. v. PCIT (2024)109 ITR 4 (SN) (Kol)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash credits-Share capital-Share premium-Facts examined by Assessing Officer-Not a case of no enquiry or lack of enquiry 1Order is neither erroneous nor prejudicial to interests of revenue-Revision order is set aside-Revision jurisdiction cannot be exercised on same issue for second time. [S. 68, 133(6), 143(3)]
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