Section 263 Not Invocable if Assessment is Erroneous but Not Prejudicial to Revenue Interests

Kool Home Builders Vs PCIT (ITAT Cochin)

In the case Kool Home Builders Vs PCIT before the Income Tax Appellate Tribunal (ITAT) in Cochin, the primary dispute revolved around the invocation of Section 263 of the Income Tax Act. The assessee, Kool Home Builders, appealed against an order by the Principal Commissioner of Income Tax (PCIT), which claimed that the assessment made under Section 143(3) was erroneous and prejudicial to the interest of revenue. Notably, the assessee faced a significant delay of 434 days in filing the appeal, which they attributed to the unavailabi

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