RABINDRANATH MOHANTY,JAGATPUR vs. PR.CIT-1, BHUBANESWAR

ITA 20/CTK/2022Status: DisposedITAT Cuttack19 January 2023AY 2016-176 pages
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What did the Tribunal hold?

The Tribunal held that the CIT's direction to tax the cash in hand amounted to forcing his opinion over the AO's plausible view, which is not permissible under Section 263. The order of the Pr.CIT was quashed.

What were the facts?

The assessee's appeal was delayed. The CIT invoked Section 263 to direct the AO to tax unexplained cash in hand, which the AO had not done, considering it a plausible view. The assessee argued this was a change of opinion by the CIT.

What were the issues?

Whether the CIT can direct the AO to tax cash in hand when the AO had taken a plausible view not to add it, and whether this constitutes a change of opinion.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

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Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK

Before: SHRI GEORGE MATHAN & SHRI ARUN KHODPIA

Hearing: 19/01/2023Pronounced: 19/01/2023

Per Bench : This is an appeal filed by the assessee against the order of the ld.Pr.CIT, Bhubaneswar-1, dated 22.03.2021, passed in DIN & Order No.ITBA/REV/F/REV5/2020-21/1031664398(1) for the assessment year 2016-2017. 2. At the outset, we found that the appeal of the assessee is barred by limitation. In this regard, ld. AR has filed an application along with the affidavit for condonation of delay stating therein the sufficient reasons for delay in filing the present appeal. Ld. CIT-DR al

The order continues below.

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