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Section 263 Invalid When PCIT Questions AO’s Pen/Order Without Proof: ITAT Lucknow

Case Law Details

TaxGuru Citation
2025 taxguru.in 9059
Case Name
Precious Buildtech Pvt Ltd Vs PCIT (ITAT Lucknow)
Appeal Number
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Date of Judgement/Order
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Related Assessment Year
2017-18
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Precious Buildtech Pvt Ltd Vs PCIT (ITAT Lucknow)

No Power to Revise without Own Enquiry- Assessee Has No Control on AO’s Pen – PCIT Can’t Remand Without Investigation – 263 Order Invalid Where No Independent Enquiry Conducted  

Assessee, engaged in real-estate business, had filed return declaring ₹81.54 lakh. The case was selected for scrutiny for examining high closing stock & mismatch between Service-tax & ITR turnover. AO, after issuing multiple notices u/s 142(1) & 143(2), accepted returned income vide assessment order dated 27.12.2019.

PCIT, however, initiated revisionary proceedings u/s 263 alleging that AO failed to make adequate enquiry on several issues – adoption of AS-7/ICDS-III, verification of customer advances of ₹18.20 crore, application of s.43CA to sales, taxation of deemed rent on unsold flats, cash deposits during demonetization period, & genuineness of brokerage of ₹44.50 lakh. Holding the order as erroneous & prejudicial, PCIT set aside the assessment directing AO to frame assessment de novo.

Before Tribunal, Assessee contended that all requisite details were called & examined by AO, hence the order could not be branded as erroneous merely because PCIT held a different view. It was submitted that if PCIT considered AO’s enquiry insufficient, he was duty-bound to make his own enquiry before exercising powers u/s 263. Reliance was placed on PCIT v. V-Con Integrated Solutions Pvt Ltd (SLP(C) Diary No.13205/2025, SC), PCIT v. Delhi Airport Metro Express Pvt Ltd (Delhi HC), & Arun Kumar Garg (HUF) v. PCIT (Del ITAT).

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,718

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