Case Law Details
Sunita Goyal Vs PCIT (ITAT Chandigarh)
In the absence of any evidence or fact rebutting the claim of the assessee, the order passed after due enquiries as per record by the AO cannot be set aside on mere inferences and presumptions. The suspicions of the ld. PCIT cannot be the basis for setting aside a validly passed assessment order. Law requires the ld. PCIT to meet the twin conditions of pointing to the error in the order passed and that too such an error which can be termed to be prejudicial to the interests of the Revenue. These mandatory conditions in the facts of the present case are not satisfied. Hence, on a consideration of the peculiar facts and circumstances of the present case which are borne out from the record, the impugned section 263 order cannot be upheld.
FULL TEXT OF THE ORDER OF ITAT CHANDIGARH
The present appeal has been filed by the assessee wherein the correctness of the order dated 02.09.2021 passed by ld. PCIT Panchkula pertaining to 2012-13 assessment year is assailed on the following grounds :
1. That the Ld. CIT has erred in concluding proceedings under Section 263 of the Income Tax Act, 1961 without proper perusal of Assessment record.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
