PIYUSH R.SHAH,MUMBAI vs. PCIT-8, MUMBAI
What did the Tribunal hold?
The Tribunal held that the cost of acquisition of shares, which was incurred in an earlier assessment year, could not be disallowed in the current assessment year. Therefore, the revision order's direction to add Rs. 12,50,000/- as a disallowance was not justified.
What were the facts?
The assessee filed a return of income, and the assessment order was passed. The Principal CIT initiated revision proceedings under Section 263, holding that the Assessing Officer (AO) had failed to make adequate inquiry regarding long-term capital gains on penny stocks. The revision order directed an addition of the entire sale proceeds instead of just the exempt income.
What were the issues?
Whether the Principal CIT was justified in revising the assessment order under Section 263 on the issue of disallowing the cost of acquisition of shares when it pertained to an earlier assessment year.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH, MUMBAI
आदेश की प्रतितिति अग्रेतिि/Copy of the Order forwarded to : 1. अपीलाथी / The Appellant प्रत्यथी / The Respondent. 2. 3. आयकर आयुक्त / CIT
More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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