Allowing the writ petition against the Revision order the Court held that as no opportunity was given to defend or present the case, the order could not be sustained in the eyes of the law. The order did not refer to any finding as enumerated in Explanation 2 to Section 263 to suggest that the assessment order was prejudicial to the interests of the Revenue, order of revision was not valid. Court also directed the Revenue to pay the cost of Rs.10000 which shall be deposited with Allahabad Legal Service committee. (AY. 2017-18) (SJ)
M. L. Chains v. PCIT [2024] 461 ITR 457 (All)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Revision-No finding that assessment order was prejudicial to revenue-Not given adequate opportunity to the assessee to be heard-Revision order is quashed-Revenue is directed to pay the cost of Rs.10000 which shall be deposited with Allahabad Legal Service committee. [Art. 226]