Rajat Gupta (HUF) v. PCIT (2022) 220 TTJ 447 (Chd)(Trib) Sunita Gupta v. PCIT (2022) 220 TTJ 447 (Chd)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Lack of proper enquiry-Two sets of finding by PCIT self-contradictory-Revision is held to be valid.

The Tribunal held that there are two sets of findings by the ld PCIT and in the first set of findings, it has been held that it is a case of lack of enquiry or no enquiry on part of the Assessing officer and in the second set of findings, it has been held that there has been failure on the part of the Assessing to make proper enquiries and verification. It can either be a case of lack of enquiry on part of the AO or where the enquiries have been conducted by the AO, proper enquiries have not been conducted by the AO and therefore, these two set of findings by the ld PCIT as self-contradictory. It is not a case where no enquiry has been conducted by the Assessing officer. The Assessing officer has called for the information/documentation to verify the claim of the assessee, has thereafter called for the information from the assessee’s broker through whom the transaction. It is therefore clearly not a case of no enquiry or lack of enquiry and the findings of the ld PCIT were set-aside. (AY. 2016-17)