MBL A Capital Ltd. v. PCIT (2022)97 ITR 700 (Kol) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Limited scrutiny-Revision order is bad in law. [S. 14A]

Tribunal held that the Assessing Officer was authorised to examine only the limited issue and he was not supposed to scrutinise any other issue relating to the assessment of the income. The PCIT could have exercised his revision jurisdiction in respect of observations or order of the Assessing Officer relating to the limited issue of expenditure incurred on exempt income. The assessment order could not be said to be erroneous on the ground of non–examination of the issue which the Assessing Officer  otherwise was not authorised to examine during the limited scrutiny assessment.  The Tribunal held that the assessment order was neither erroneous nor prejudicial to the interests of the Revenue, the order passed by the Principal Commissioner under section 263 being without jurisdiction was wrong, illegal and was to be quashed. (AY.2017-18)