Rajesh Kumar Jalan v. PCIT (2024) 113 ITR 188 / 208 ITD 349 (Kol) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash credits-Pendency of appeal before CIT(A)-Proposal sent by Additional CIT-No independent application of mind-Revision order is quashed. [S.44AD, 68 143(3)]

On basis of information from Bureau of Investigation, Commercial taxes, that there were certain deposits in bank account of assessee in name of his proprietary concern, Assessing Officer reopened assessment in both assessment years. Assessee submitted that he had not opened any of Bank accounts and that might have been done by some unknown person by using fake identity of assessee. Assessing Officer was not satisfied with submissions of assessee and he was of view that said sum was to be treated as unaccounted sales of assessee and he assumed this figure as turnover of assessee and estimated profit at 8% and estimated unexplained investment.  Appeal was filed against said assessment order.  Additional Commissioner forwarded a proposal to CIT for initiating proceedings under section 263 against assessee. CIT issued a notice under section 263 and observed that alleged credit of sales ought to be treated as unexplained cash credit against name of assessee and Assessing Officer had erred in treating it as a gross turnover. CIT passed the Revision order. On appeal the Tribunal held that  since Commissioner had just reproduced proposal sent by Additional CIT and there was no independent application of mind at his end for taking cognizance under section 263, order passed under section 263 is  quashed, particularly when said issue was pending in appeal before Commissioner (Appeals). (AY. 2015-16, 2016-17)

Leave a Reply

Your email address will not be published. Required fields are marked *

*