Question And Answer
Subject: Sec. 263 of the Act .
Querist: Neha
Answered by:
Tags: , ,
Date: May 7, 2023
Query asked by Neha

Assessee is an individual and his assessment U/Sec. 143(3) was completed for A_Y. 2016-17.  Later on it was reopened U/Sec  147 on the ground that claim of Interest paid and allowed as deudction U/Sec 56 and assessment was completed U/Sec. 147 r.w.s. 143 (3) Assessing at same income which was earlier accepted U/sec  143(3). Again Notice U/Sec. 263 was issued on the ground that claim of interest paid and allowed by the AO is incorrect and therefore order is erroneous and prejudicial to the int of revenue and without appreciation of submission passed the order U/sec. 263 holding order passed by the AO is incorrect and asked the AO to verify the issue of claim of Interest paid. Assessee filed an appeal against the order of CIT before ITAT.  However mean while again AO appreciated the submission and passed the order U/sec. 147.r.w.s.263 r.w.s.143(3) and accepted the claim of the assessee as legally correct and accepted the income as disclosed in the Return of income . Therefore assessee has withdrawn the appeal filed before ITAt against the order of the CIT passed U/Sec  263 on the ground that since the AO has accepted the claim of the assessee and now there is no grivience left.

Now PCIT has one more time issued the Notice U/sec. 263 on the same ground that order passed by the AO  . 147.r.w.s.263 r.w.s.143(3) is erroneous and prejudicial to the interst of revenue as in the opinion of PCIT claim of Interest paid as deduction from Interest received is incorrect.

Whether Notice U/Sec. 263 issued by PCIT is valid ?

Can assessee file the writ before HC against the Notice issued by PCIT U/Sec. 263 of the Act as invalid ab initio  ? Or should wait till passing of order U/Sec 263 ?

Pl guide .


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Answer given by

On the facts, the writ may not be maintainable against the show cause notice. The assessee can challenge the order of the PCIT before the ITAT when the order u/s 263 is passed .

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