Majestic Stock Pvt. Ltd. v. PCIT (2021) 91 ITR 71 (SN) (Jaipur)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Show cause notice and discussion restricted too share application money-Reassessment order not erroneous and prejudicial to revenue-Revision order was quashed. [S. 68, 147, 148]

Held that the assessee had submitted copies of the balance-sheet, Income-tax return, company master data available on the website of the Ministry of Corporate Affairs of the investor company which had details of its directors and shareholders and other relevant details as well as confirmation from the investor company. The Assessing Officer had directly called for information from the investor company under section 133(6) and verified it with the books of account of the assessee-company. Therefore, it could not be held that the Assessing Officer had failed to carry out proper verification of the transaction under consideration. There was no legal and justifiable basis to interfere with the findings of the Assessing Officer as the necessary enquiries and examination as reasonably expected had been carried out by the Assessing Officer and he had taken a prudent, judicious and reasonable view after considering the entire material available on record. The order so passed under section 143(3) read with section 147 could not be held erroneous in so far as prejudicial to the interests of the Revenue. The order passed by the Principal Commissioner under section 263 was not sustainable.(AY. 2011-12)