Ved Parkash and Durga Dass Surender Kumar vs. PCIT (2023)104 ITR 613 (Chd)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Survey-AO completed assessment after considering survey statement, issued specific notice in this regard during assessment-assessee filed explanation-Order of AO could not be held erroneous-Revision order is set aside.[S. 115BBE,133A]

During assessment, AO had taken cognizance of findings of survey team, documents found during the survey, surrender letter and return of income and explanations of assessee against specific Show Cause notices during the course of assessment proceedings and after examination thereof and due application of mind, income has been rightly assessed under the head “business income”. Surrender is excess cash arising out of past business dealings and advance given to farmers against procurement of agriculture produce regularly dealt with by the assessee in normal course of its business and which have not been recorded in the books of accounts. View of AO taken after due application mind. Order of AO cannot be held to be erroneous. Order of Ld. PCIT u/s. 263 set aside and that of Assessing Office sustained. (AY.2017-18)