Arihant Technology P. Ltd. v PCIT (2020)79 ITR 119 ( Delhi) ( Trib)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Accommodation entry -Principal Commissioner not agreeing with manner of enquiry conducted by Assessing Officer — PCIT cannot substitute his own reasons- Revision is held to be not valid [ S.143(3) ]

Tribunal held that the Assessing Officer had examined the documents and confirmations in detail and adopted a possible view that the assessee had established the identity and creditworthiness of the lender and the genuineness of the transaction. Action under section 263 can be taken only when there is lack of enquiry or no enquiry. However, in the assessee’s case necessary enquiry was conducted. Therefore, merely because the Principal Commissioner did not agree with the manner of enquiry conducted by the Assessing Officer he could not substitute his own reasons and hold the order to be erroneous and prejudicial to the interests of the Revenue.( AY.2009-10)