Rajinder Chauhan v. PCIT (2022) 219 TTJ 1017 / 98 ITR 610 (Chd)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Non consideration of reply to show cause notice-Twin Condition of error in the order and said order which can be said prejudicial to the interest of the Revenue, have not been met-Revision order was quashed. [S. 143(3)]

Tribunal quashing the order u/s. 263 held that the exercise of Revisionary Powers in the facts of the present case cannot be upheld. The Revisionary Powers in the facts of the present case have been exercised mechanically and in undue haste without even caring to address the assessee’s reply. The fact that patently on the face of the record it is an order passed in undue haste is further tainted by the fact that no effort was made by the ld. PCIT to give the assessee an effective hearing. The fixing of the hearing in the peculiar facts and circumstances of the present case where the Show Cause Notice dated 23.02.2022 issued thereafter fixing the hearing on 04.03.2020 patently was a rhetoric, meaningless exercise. Admittedly, reasonable time was not made available to the assessee to put in an effective hearing. Onerous responsibility to provide an effective and fair hearing was treated like a meaningless exercise of merely ticking the box. The exercise of Revisionary powers cannot be allowed to be exercised whimsically or arbitrarily. ld. PCIT was conscious of the fact as to why the specific case was selected for scrutiny under CASS. The ld. PCIT also had the benefit of queries raised by the AO and the replies of the assessee. A mechanical exercise of revisionary powers u/s 263 by the Revisionary Authority by merely citing the Audit Objection cannot be said to be a valid exercise of Revisionary Powers. (AY. 2015-16)