Dismissing the appeal of the Revenue the Court held that the Principal Commissioner had invoked his power under section 263 in respect of an item of income which was declared in terms of the Scheme. All particulars were available before the Principal Commissioner in respect of such income and the Principal Commissioner upon being satisfied, had accepted such declaration. All materials were available before the Principal Commissioner when the declaration made under section 183 of the Finance Act, 2016 were considered and accepted. Therefore, the assumption of jurisdiction by the Principal Commissioner under section 263 of the Act was wholly without jurisdiction. The Income Declaration Scheme, 2016 was introduced by Chapter IX of the Finance Act, 2016 (2016) 384 ITR 1 (St.). (AY. 2014-15)
PCIT v. Manju Osatwal (2022) 443 ITR 107 / 211 DTR 216 / 325 CTR 450 (Cal.)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Income Declaration Scheme, 2016-Declaration accepted and consequent assessment-Revision is not valid. [Income Declaration Scheme, 2016]