Dismissing the appeal, the Court held that the Principal Commissioner had invoked his power under section 263 based on conjecture and there was no finding recorded that the books of account of the assessee were rejected. The specific issue raised by the assessee that the documents and details were furnished before the Assessing Officer was not found to be incorrect. Therefore, the Tribunal on consideration of facts had rightly held that the twin conditions under section 263, order being erroneous and prejudicial to Revenue were not satisfied and quashing the order passed by the Principal Commissioner. Vijay Proteins Ltd v. CIT 2014 SCC OnLine (Guj) 14838, distinguished. (AY. 2013-14)
PCIT v. Kartick Bose [2022] 143 taxmann.com 215 / (2025) 476 ITR 506 (Cal)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Estimation of disallowance of purchase expenses-Assessing Officer accepting sale and purchase-Disallowing an estimated five per cent. of inflated amount-Revision order was quashed. [S. 37(1), 260A]
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