PCIT v. Atlantis Multiplex P. Ltd. (2018) 400 ITR 458 (All) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue -Income from letting out shops – Income from house property or business income – Two views possible – Revision was held to be not valid

Dismissing the appeal of the revenue , the Court held that; the two views were possible before the Assessing Officer and on the basis of the main objects and the nature of income derived by the assessee, if he had taken one view of the matter, it was not erroneous in law or likely to cause prejudice to the Revenue so as to permit interference in exercise of revisional jurisdiction by the Commissioner. The Tribunal rightly set aside the order of the Commissioner as without jurisdiction.