Brahma Center Development Pvt. Ltd. v. PCIT (2020) 185 DTR 353 / 77 ITR 156 / 203 TTJ 560 (Delhi)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue– Interest adjusted against project expenditure-AO putting specific question and accepting the explanation-Revision is held to be not valid. [S. 145]

Allowing the appeal of the assessee the Tribunal held that during the assessment proceedings when the AO proposed to charge the interest to tax, the very same explanation had been offered by the assessee and accepted by the AO. Therefore it was not a case of no enquiry and as a matter of fact, it was specifically brought to the notice of the Assessing Officer that the interest earned was adjusted against the project expenditure. The PCIT did not conduct any independent enquiry to reach the conclusion that the assessment order was erroneous in so far as it was prejudicial to the interests of the Revenue. The PCIT was not justified in invoking the jurisdiction under S.  263 or to hold that the assessment order was erroneous or prejudicial to the interests of the Revenue. (AY.2012-13, 2013-14)