Kaushikbhai P. Patel v. PCIT (2021) 88 ITR 20 (SN) (Ahd.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-No expenditure claimed-Added to work in progress-No prejudice to revenue-Revision was held to be not valid. [S. 145]

Tribunal held that action under section 263 could be taken if twin conditions viz. impugned order should be erroneous, and it should be prejudicial to the interest of the Revenue. In the present case, when the assessee has not claimed any expenditure, then where is the prejudice to the Revenue; where is the loss to the Revenue. Veracity of such expenditure taken to the work-in-progress could be examined in the year when sales will be made. This plea has been specifically raised by the assessee before the CIT, but the CIT did not record any finding, even did not consider it.  Order of the Pr. Commissioner is not sustainable. (AY.2014-15)