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ITAT Ahmedabad: PCIT’s 263 Revision on 14A Quashed – No Automatic Disallowance

Case Law Details

TaxGuru Citation
2025 taxguru.in 7996
Case Name
HN Safal Infra Developer Pvt. Ltd. Vs PCIT (ITAT Ahmedabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2018-19
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HN Safal Infra Developer Pvt. Ltd. Vs PCIT (ITAT Ahmedabad)

ITAT Ahmedabad: PCIT’s 263 Revision on 14A Quashed – No Automatic Disallowance; Jurisdictional Safeguards Ignored – Tribunal Sets Aside 263 Order

Background

  • PCIT invoked sec.263, revising assessment order u/s 143(3) dated 12.04.2021.
  • Grounds: AO failed to make disallowance u/s 14A r.w. Rule 8D on exempt income of ₹55,978/- earned from LLP/firm investments.
  • PCIT held AO’s order “erroneous & prejudicial to Revenue,” directed AO to recompute disallowance.
  • Assessee challenged revision, arguing:

Order passed in name of amalgamated (non-existent) entity.

AO had already called for details & applied mind.

PCIT cannot substitute AO’s satisfaction with her own.

Tribunal’s Findings

Jurisdiction under Sec.263:

  • AO must first record dissatisfaction u/s 14A(2) with assessee’s claim before invoking Rule 8D.
  • Disallowance is not automatic merely because exempt income exists.
  • PCIT assumed revisionary jurisdiction ignoring this statutory safeguard.

Ignoring Assessee’s Explanation:

  • Assessee had explained that no expenditure was incurred for exempt income (detailed item-wise).
  • PCIT did not examine correctness of explanation; she directly directed AO to disallow.
  • This was contrary to SC in Maxopp Investment Ltd. and Gujarat HC rulings (CIMS Hospital, GSFC, Gujarat Fluorochemicals).

Error in Law:

  • PCIT cannot usurp AO’s role by directing disallowance without examining AO’s satisfaction.
  • Revision based on presumption of automatic 14A disallowance is bad in law.

Decision

  • ITAT held PCIT’s order unsustainable.
  • Entire revision u/s 263 quashed.
  • Assessee’s appeal allowed in full.

FULL TEXT OF THE ORDER OF ITAT AHMEDABAD

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,613

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