CIT v. Vijay Kumar Koganti (2020) 275 Taxman 394 / 195 DTR 428 (Mad.)(HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Unexplained investments -Increase in capital investment – Specific question was raised in the original assessment proceedings – Revision is held to be bad in law [ S.69 ]

Assessment was  completed u/s 143 (3) considering the explanation for  substantial increase in capital investment , mismatch in sale consideration of property in return of income and AIR  etc . PCIT  exercising revisionary jurisdiction under section 263 and set aside assessment order mainly on ground that substantial increase in capital investment reflected by assessee in his balance sheet as compared to preceding year was not examined by Assessing Officer.  Tribunal set aside revisional order observing that these issues were raised by Assessing Officer in scrutiny assessment and that assessee had given proper explanation, which was taken note of by Assessing Officer while completing assessment. On appeal by revenue the court held taht  since Pr. Commissioner did not point out anything specifically as to how assessment order was erroneous, no question of law arose out of impugned order of Tribunal .  (AY. 2014-15)

Assessment was  completed u/s 143 (3) considering the explanation for  substantial increase in capital investment , mismatch in sale consideration of property in return of income and AIR  etc . PCIT  exercising revisionary jurisdiction under section 263 and set aside assessment order mainly on ground that substantial increase in capital investment reflected by assessee in his balance sheet as compared to preceding year was not examined by Assessing Officer.  Tribunal set aside revisional order observing that these issues were raised by Assessing Officer in scrutiny assessment and that assessee had given proper explanation, which was taken note of by Assessing Officer while completing assessment. On appeal by revenue the court held taht  since Pr. Commissioner did not point out anything specifically as to how assessment order was erroneous, no question of law arose out of impugned order of Tribunal .  (AY. 2014-15)