Mylan Pharmaceuticals Pvt. Ltd. v. ITO (2023) 101 ITR 26 (SN) (Hyd.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-AO calling for details of advertisement and sales promotion during assessment-Possible view taken after going through evidences-A.O. order not erroneous-PCIT not justified-Revision not warranted.[S. 143(3)]

The Tribunal observed that the Assessing Officer, after conducting necessary inquiries by calling for information and having gone through the details furnished by the assessee had taken a possible view. When the Assessing Officer had made detailed inquiries by raising query on which the case was selected for scrutiny and the assessee had filed requisite details, the order could not be held erroneous so as to invoke the jurisdiction under section 263 of the Act since the twin conditions thereunder were not fulfilled. Thus, the PCIT was not justified in invoking jurisdiction under section 263. (AY. 2016-17).