The Tribunal held that,the Commissioner merely mentioned that since these issues had not been enquired into by the Assessing Officer, Explanation 2 to section 263 would apply against the assessee. The assessee had explained all the issues at the original assessment stage as well as before the Commissioner in the proceedings under section 263 . Therefore, this was not a fit case for invocation of jurisdiction under section 263 against the assessee. The order under section 263 was unjustified and was liable to be set aside.( AY.2014-15)
Shugan Chandra Kothari Trust v. CIT(E) (2020)78 ITR 340 ( Delhi) (Trib)
S. 263 : Commissioner – Revision of orders prejudicial to revenue – -Fees from students -Explanation was furnished at the original assessment proceedings – Revision is held to be not valid . [ S.2(15)),12A,143(3) ]