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Suspicious Purchases Duly Verified, PCIT’s Revision Held Invalid: ITAT Rajkot

Case Law Details

TaxGuru Citation
2025 taxguru.in 7317
Case Name
Ketan Gori Vs PCIT (ITAT Rajkot)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2021-22
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Ketan Gori Vs PCIT (ITAT Rajkot)

Purchases Duly Verified, Revision Held Mere Change of Opinion Tribunal Quashes PCIT’s 263 Revision

Assessee filed return declaring income of ₹4.64 lakh for AY 2021-22. His case was selected for CASS scrutiny to verify substantial purchases from suppliers flagged as non-filers, non-business ITR filers, or entities with abnormally low turnover. Assessment was completed u/s 143(3) on 18.12.2022 accepting returned income.

Later,  PCIT invoked section 263 alleging that  AO failed to verify suspicious purchases, noting that certain suppliers had cancelled GST registrations u/s  appeared bogus. According to PCIT, such purchases ought to have been disallowed u/s 69C r.w.s. 115BBE.

Assessee countered that during scrutiny  AO had issued notices u/s 142(1) & 133(6), obtained replies & confirmations from suppliers, verified purchase bills, transportation records, GST returns, contra confirmations, u/s  bank payment proofs. All these documents were on AO’s record, though not elaborated in the assessment order. Hence, PCIT’s action was only a review of  AO’s decision on the same set of facts, which is not permissible u/s 263.

Tribunal agreed with the assessee, noting that Purchases were fully supported by bills, bank payments, transport records & GST filings. AO had examined &  accepted confirmations from suppliers; no defects in books were pointed out. PCIT merely differed on AO’s conclusion without bringing new evidence, which amounted to change of opinion.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,248

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