Keshoraipatan Sahkari Sugar Mills Ltd., Kota v. PCIT (2023) 153 taxmann.com 290 / 104 ITR 566/ 223 TTJ 922 (Jaipur) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Limited scrutiny-Co-operative societies-Deduction allowed by AO in limited scrutiny assessment to examine “Deduction under Chapter VI-A”.-Possible view-Revision is not valid. [S. 80P(2)(d)]

Tribunal  held that where AO has taken one plausible view and, on this issue, there is a specific finding and reference in assessment order regarding deduction claimed in return of income. There was no defect found in the enquiry. AO collected the information based on upon which he has allowed the claim to assessee and has verified the point raised in the limited scrutiny. Further, PCIT did not pin pointed any enquiry which was required to be made by AO. Merely because the AO did not write specific reasons for accepting the explanation of the assessee cannot be reason enough to invoke powers under section 263, and non-mentioning of these reasons do not render the assessment order “erroneous and prejudicial to the interest of the revenue”. Order u/s. 263  is quashed. (AY.2017-18)