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ITAT Chandigarh Quashes Section 263 Revision Over Trademark Depreciation Claim

Case Law Details

TaxGuru Citation
2026 taxguru.in 13241
Case Name
Kitty Industries Private Limited Vs PCIT (ITAT Chandigarh)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2022-23
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Kitty Industries Private Limited Vs PCIT (ITAT Chandigarh)

Section 263 Is Not a Licence for a Second Investigation: Trademark Depreciation Allowed After AO’s Enquiry Cannot Be Reopened on Mere Suspicion

The Chandigarh Bench of the ITAT has quashed revisionary proceedings u/s 263 concerning depreciation claimed on the acquisition of a trademark for ₹50.37 crore. The Tribunal held that once the AO had raised queries, examined the relevant documents and adopted a legally possible view, the assessment could not be branded erroneous merely because the Pr. CIT believed that some further or differently worded enquiries should have been conducted.

The power u/s 263 cannot be used for a fishing or roving enquiry, nor can the Pr. CIT simply remit an issue to the AO without himself demonstrating how the assessment order is erroneous and prejudicial to the Revenue.

₹50.37 Crore Trademark Acquired From HUF

Kitty Industries Private Limited was engaged in manufacturing bread & bakery products. It filed its return declaring income of ₹24.74 crore for AY 2022-23. The case was selected for complete scrutiny and multiple notices u/s 142(1) were issued. After considering the replies, the AO accepted the returned income in an assessment framed u/s 143(3) read with section 144B.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,565

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