During assessment proceeding, AO passed an order wherein he took GP margin on sales turnover @ 9%. As assessee’s margin was below 9% in respect of AYs 2008-09 and 2009-10, AO added difference amount. But, in respect of GP of assessee was more than 9% for AY 2010-11, no addition was made. PCIT seta side the order. Tribunal held that PCIT was not justified in setting aside assessment order and substituting his opinion for opinion of AO. All documents in support of purchase made were submitted before AO. AO had made additions by rejecting books of accounts of assessee after going through material available on record. Thus, AO during assessment proceeding had examined this issue. It was not a case where AO had not applied his mind.AO, after obtaining details and other evidences, was satisfied and hence accepted contention of assessee. Thus AO, being satisfied after reply, PCIT could not sit over judgment of AO to review order, it was not a case of lack of enquiry or a matter of inadequate enquiry so as to trigger jurisdiction u/s 263. (AY.2008-09 to 2010-11)
NKG Infrastructure Ltd. v. PCIT (2018) 171 DTR 385 / 196 TTJ 393 (Delhi)(Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue– AO to restrict disallowance to a certain percentage which was less than entire amount of such bogus purchases—Revision is held to be not valid. [S. 153A]