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Income Tax

Mechanical Invocation of Section 263 at AO’s Behest Held Bad in Law

Case Law Details

TaxGuru Citation
2025 taxguru.in 13543
Case Name
Indian City Properties Limited Vs PCIT (ITAT Kolkata)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2020-2021
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Indian City Properties Limited Vs PCIT (ITAT Kolkata)

The Tribunal held that the invocation of Section 263 on the proposal of the AO is not sustainable under the Act, as the PCIT failed to independently apply his mind and record satisfaction of the twin conditions. The assessment was completed under Section 143(3) r.w.s. 144B after verification of documents, and the returned income was consciously accepted by the Faceless Assessment Unit. Mere non-consideration of the DVO’s valuation report or a difference of opinion does not render the assessment erroneous and prejudicial to the interest of the revenue. Relying on the binding ratio of PCIT v. Reeta Lakhmani, PCIT v. Britannia Industries Ltd., and Sinforte (P) Ltd., the Tribunal quashed the impugned order passed under Section 263 and allowed the assessee’s appeal.

FULL TEXT OF THE ORDER OF ITAT KOLKATA

This is an appeal filed by the assessee against the order passed by the ld. Pr. CIT, Kolkata-2, dated 19.03.2025 for the assessment year 2020-2021.

2. The only issue raised by the assessee is against the invalid exercise of jurisdiction by the Pr. CIT, Kolkata-2 u/s.263 of the Act, thereby revising the assessment framed by the AO u/s.143(3) r.w.s.144B of the Act dated 23.09.2022.

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Author Info

CA Sayyad Sadak
Qualification: CA in Practice
Company: Sayyad Sadak & Associates
Location: Hyderabad, Telangana
Articles Published: 56

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