Assessing Officer computed capital gain in respect of sale of an asset. PCIT invoked section 263, claiming Assessing Officer passed assessment order without necessary enquiries and verifications, thus making it erroneous. The Tribunal allowed the appeal by the assessee, noting that the AO had 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. High Court affirmed the order of the Tribunal. SLP of Revenue is dismissed as the delay of 484 days is not explained. (AY. 2017-18)
PCIT v. SPML Infra Ltd. (2024) 300 Taxman 366 /240 DTR 41 (SC) Editorial : PCIT v. SPML Infra Ltd. (2024) 164 taxmann.com 504 (Cal)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Capital gains-High Court affirmed the quashing of revision order-SLP of Revenue is dismissed, delay of 484 days is not explained.[S. 45, Art. 136]