PCIT v. Anjaniputra Nirmal (P.) Ltd. (2025) 307 Taxman 45 (Cal.)(HC)

S. 263: Commissioner-Revision of orders prejudicial to revenue-Cash credits-Share premium-Capital transaction-Second time on ground of inadequate enquiry-Tribunal, on examining the factual position and also noting the legal position, had granted relief to assessee-No question of law arose from order of Tribunal.[S.68, 143(3), 260A]

The assessee-company had received a substantial amount as share capital/share premium. The Assessing Officer made an addition under section 68 in respect of the share capital/share premium. Principal Commissioner invoked revisionary power under section 263 on the ground that the Assessing Officer had passed the order without carrying out a detailed investigation. The Assessing Officer passed the fresh assessment order under section 143(3) read with section 263 and deleted the addition already made under section 68 in respect of the share capital/share premium. PCIT once again passed the revision order. On appeal, the Tribunal held that it was not a case of no enquiry or lack of enquiry as the Assessing Officer had made an enquiry and taken a view after considering the evidence furnished by the assessee as well as by the share subscribers. On appeal, the High Court affirmed the order of the Tribunal. (AY. 2012-13)

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