Held that that the PCIT in his revision order had not given due weightage to the appellate order passed by the Tribunal, which was against the fundamental principle of judicial discipline, required to be followed by all the lower authorities. The revision order passed by the Principal Commissioner was unsustainable for failure to consider the higher judicial forum’s decision in the assessee’s own case for earlier AY 2013-14 on an identical issue. (AY. 2015-16)
Parag Prakash Doshi v. PCIT (2023)101 ITR 42 (SN)(Ahd) (Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Order of Tribunal-Weightage to Tribunal order not given-Against fundamental Principles of judicial discipline-Revision is not sustainable.[S. 2(22)(e), 254(1)]