PCIT v. Shalimar Pellet Feeds Ltd. (2022) 440 ITR 530 / 216 DTR 211/ 328 CTR 840(Cal) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Matter to be remanded to Commissioner where evidence was not considered by him- Monetary limits – Appeal was dismissed .[ S. 80IB, 153A, 254(1), 260A]

Where the Commissioner revised an assessment and the Tribunal accepted the assessee’s contention that the Commissioner had not examined the submissions and evidence, the Tribunal should have either examined the matter itself or remanded the matter back to the Commissioner. Since the Tribunal accepted the assessee’s contentions without following either of the two options, the matter was to be remanded to the Commissioner to consider the issue afresh.   Department appeals being below the threshold limit of tax effect , the appeals are dismissed .  ( AY. 2008 -09,to 2011-12, 2013 -14)