PCIT v. SPML Infra Ltd. (2024) 164 taxmann.com 504 (Cal)(HC) Editorial : SLP of Revenue is dismissed, delay of 484 days is not explained, PCIT v. SPML Infra Ltd. (2024) 300 Taxman 366 (SC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Capital gains-High Court affirmed the order of the Tribunal quashing of revision order.[S. 45]

During the relevant assessment year the AO computed the capital gain in respect of sale of an asset by the assessee. The PCIT invoked section 263, claiming the Assessing Officer passed the assessment order without necessary enquiries and verifications, thus making it erroneous. The Tribunal allowed the appeal by the assessee, noting that the AO had indeed made the necessary enquiries and verifications regarding the computation of capital gain during the assessment process. It held that the PCIT’s claim that the AO did not conduct due enquiry was factually incorrect, and his method of computation would be prejudicial to the revenue’s interest.  On appeal Tribunal set aside the order of the PCIT.  High Court affirmed the order of Tribunal. (AY. 2017-18)

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