PCIT v. Britannia Industries Ltd. (2026) 310 Taxman 497 (SC) Editorial: PCIT v. Britannia Industries Ltd. (2025) 176 taxmann.com 470 (Cal)(HC)

S. 263: Commissioner-Revision of orders prejudicial to revenue-Income from other sources-Acquired leasehold/freehold land and building from a company pursuant to an agreement for sale-Certain deductions only on actual payment-High Court affirmed the Order of the Tribunal quashing the revision order-SLP of revenue was dismissed. [S.43B, 56(2)(x), 143(3), Art.136]

Assessee-company acquired leasehold/freehold land and building from a company pursuant to an agreement for sale. Consideration was calculated on the basis of a valuation report from a registered valuer. However, the same was different from the value assessed by the Stamp Valuation Authority. Assessing Officer completed the assessment under section 143(3). Thereafter, the Principal Commissioner invoked his power under section 263 and set aside the assessment order on the ground that section 56(2)(x) was applicable. Tribunal held that since the assessee had not claimed deduction as an expense in the year of creation of these provisions, the Principal Commissioner was not justified in assuming revisionary jurisdiction on account of said issue. Tribunal quashed the revision order. High Court affirmed the order of the Tribunal. SLP of revenue was dismissed. (AY. 2018-19)

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