The Assessing Officer has initiate the reassessment proceedings for failure to disclose capital gains on sale of land during the year. After considering the reply of the assessee the reassessment proceedings were dropped. Commissioner revised the order on the ground that the Assessing officer has accepted the return without application of mind. On appeal the Tribunal held that when the reassessment proceedings were dropped once it was found that the assessees have not sold any land during the relevant year and consequently, no income by way of capital gains has escaped assessment, revision on the ground that the AO has accepted the returned income without making any enquiry was not justified (AY.2012-13)
Kadeer Khan v. PCIT (2022) 215 DTR 369 / 218 TTJ 732 (Jabalpur)(Trib) Shabana Khan v.PCIT (2022) 215 DTR 369 / 218 TTJ 732 (Jabalpur)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Reassessment proceedings dropped-Revision is held to be not valid [S. 45, 143(3), 147, 148]