Assessee sold immovable property for a sum of Rs. 6.5 crores-Admittedly, a sum of Rs. 5.05 crores was received by assessee and balance amount of Rs. 1.45 crores was not received as cheques for said amount were dishonoured. Assessee did not reflect sale of his immovable property during relevant assessment year and did not offer capital gains to tax. PCIT passed the revision order on the ground that the Assessing Officer did not examine details regarding dishonour of cheques. Tribunal affirmed the revision order. On appeal the High Court held that the assessment order was passed without making necessary inquiries and verification and thus, in terms of clause (a) of Explanation 2 to section 263, assessment order was deemed to be erroneous in so far as it was prejudicial to interests of revenue. SLP filed by assessee against order of High Court was dismissed.(AY. 2015-16)
M.R. Apparels (P.) Ltd. v. PCIT (2025) 303 Taxman 328 (SC) Editorial : M.R. Apparels (P.) Ltd. v. PCIT(2024) 168 taxmann.com 197 (Delhi)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Assessment order was passed without making enquiry-In terms of clause (a) of Explanation 2 to section 263, assessment order was deemed to be erroneous in so far as it was prejudicial to interests of revenue-SLP filed by assessee against order of High Court was dismissed.[S. 45,263, Explanation 2, Art. 136]
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