The assessment under sections 153A and 143(3) was completed by the AO after the assessee provided evidence of unsecured loans. The PCIT invoked Section 263, claiming that the AO conducted an inadequate inquiry into the creditworthiness and identity of the loan providers. However, the Tribunal quashed the PCIT’s revision, asserting that the AO had conducted sufficient inquiries and had a plausible basis for accepting the loans. The Court upheld the Tribunal’s decision, stating that the PCIT must provide specific findings on the AO’s alleged failures and independently verify any additional information needed to challenge the assessment order. The revenue’s appeal was dismissed, confirming no substantial question of law arose. (AY. 2014-15)
PCIT v. Prabhu Poly Pipes Ltd. (2025) (2025) 481 ITR 503 / 176 taxmann.com 693 (Cal.) (HC) Editorial : PCIT v. Prabhu Poly Pipes Ltd. (2025) 481 ITR 506/306 Taxman 161 ((SC), SLP dismissed.
S. 263: Commissioner-Revision of orders prejudicial to revenue-Unsecured loans-AO raised queries, examined identity, creditworthiness and genuineness of creditors, and took a plausible view-General observation by PCIT without specific finding as to what inquiry was lacking-Revision order not sustainable. [S. 143(3), 153A]
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