Surya Hatchery (Earlier Known as M/S Neelkanth Breeding Farm) v. PCIT (2023) 102 ITR 186/ 221 TTJ 567 (Chd) (Trib) Neelkant Hatcheries v.PCIT (2023) 102 ITR 186/ 221 TTJ 567 (Chd) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Survey-Additional income-Revision order is set aside.[S.143(3)]

After a compulsory scrutiny and CASS survey at the premises of the assessee, an additional income of Rs. 1Cr was surrendered. Assessment order was passed. The order was set aside under the Revisionary Powers of ld. PCIT claiming that the Order was erroneous so as it is prejudicial to the interest of the revenue in terms of provisions of section 263 of the Act, especially in view of Explanation 2 inserted by the Finance Act, 2015. The tribunal held that the order framed u/s 263 of the Act deserves to be set aside and that of the Assessing Officer deserves to be restored. (AY.  2017-18)