S. 263 : Commissioner-Revision of orders prejudicial to revenue- eligibility of loss being carried forward-Issue which is beyond the scope of rectification-Commissioner cannot revise under section 263 of the Act. [S. 154]

Where, the Assessing Officer allowed the rectification application of the assessee claiming losses to be carried forward. The PCIT held that the AO had not examined this claim in sufficient detail, the loss cannot be allowed to be carried forward. The Tribunal held that the quantification of loss, which is well beyond the limited scope of “mistake apparent on record” under section 154 of the Act could not have been disturbed in the proceedings under section 154 of the Act, and what cannot be done under section 154 of the Act, cannot be done under section 263 read with section 154 of the Act either. The impugned revision order is vitiated in law. [ITA No. 3612/Mum/2019 dated November 02, 2021]. (AY. 2012-13)

[Coram : Pramod Kumar (Vice President), and Ravish Sood (Judicial Member)]