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Revision u/s. 263 not sustained as possible alternative view taken by AO

Case Law Details

TaxGuru Citation
2026 taxguru.in 3243
Case Name
Cholamandalam MS General Insurance Company Limited Vs PCIT (ITAT Chennai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2020-21
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Cholamandalam MS General Insurance Company Limited Vs PCIT (ITAT Chennai)

ITAT Chennai held once the AO has conducted inquiry, examined replies and adopted a legally sustainable view, the same cannot be treated as erroneous. Accordingly, invocation of revisionary jurisdiction under section 263 of the Income Tax Act is not sustainable in law.

Facts- PCIT invoked the provisions u/s. 263 of the Act and issued show cause notice dated 27.09.2024 and sought to set aside the Assessment order regarding the issue of ‘Provision for IBNR/IBNER’, ‘Deduction u/s. 80G of the Act’ and ‘Write-off of Investments’ on the ground that the assessment was completed without proper verification.

PCIT passed an order u/s. 263 of the Act by stating that the AO has erred in allowing the deduction of provision for IBNR/IBNER and held that the assessment order passed u/s. 143(3) read with section 144B of the Act dated 19.09.2022 was erroneous and prejudicial to the interest of the revenue. With respect to the other two issues (Claim related to deduction u/s. 80G and write off of investment), the PCIT directed the AO to verify and decide the issue on merits. Being aggrieved, the present appeal is filed.

Conclusion- Held once the AO has conducted inquiry, examined replies and adopted a legally sustainable view, the same cannot be treated as erroneous. At best, it represents a possible alternative view. Therefore, invocation of Section 263 on this issue is unsustainable.

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