PCIT v. Prakhar Developers (P.) Ltd. (2024) 299 Taxman 252 /339 CTR 370 (MP)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Search-An order of assessment passed under section 153A read with section 143(3) after getting an approval of Jt. Commissioner under section 153D could not be revised under section 263-Tax effect less than 1 crore-Appeal is not maintainable. [S. 40A(3), 143(3), 153A, 260A 268A]

The Assessing Officer had passed an assessment under section 143(3) read with section 153A accepting the return filed by the assessee.The Principal Commissioner held  that the Assessing Officer did not disallow the cash payment made by the assessee for the purchase of the land under section 40A(3) for the assessment year 2011-12 and 2012-13, hence, the assessment order was erroneous and prejudicial to the interest of the revenue, accordingly, the assessment order of the assessment years 2011-12 to 2017-18 was set aside and the matter was remanded to the Assessing Officer for fresh examination after giving due opportunity of hearing to the assessee. On appeal, the Tribunal held that the order passed by the Principal Commissioner was unsustainable due to lack of jurisdiction in invoking section 263 and accordingly, set aside the order. On appeal the Court held that   in Ramamoorthy Vasudevan v. Pr. CIT [IT Appeal Nos. 967 & 968 (Pun) of 2016 dt. 29-11-2018    in a similar facts and circumstances, Tribunal had held that once the order under section 143(3) read with section 153A has been passed after taking prior approval of the ACIT under section 153D, then the jurisdiction under section 263 cannot be invoked. Court also held that for passing any order under sections 143(3) and 153A, prior approval of Joint Commissioner is required under section 153A, or Principal Commissioner or Commissioner as the case may be. Therefore, once prior approval had already been taken by the Assessing Officer and accepted the return submitted by the assessee, then the same authority cannot exercise the power under section 263 to reverse the order of Assessing Officer. Even otherwise, the total tax effect of this appeal is less than Rs.1 crores, therefore, there is no ground to interfere with the order passed by the Tribunal.  (Circular No. 3/2018, dated 11-7-2018) (AY. 2011-12 to 2016-17)