AMIT GHORAWAT,GUWAHATI vs. PR. COMMISSIONER OF INCOME TAX, GUWAHATI-1

This appeal filed by the assessee pertaining to the Assessment Year (in short “AY”) 2015-16 is directed against the I.T.A. No.: 40/GTY/2021 Assessment Year: 2015-16 Amit Ghorawat. order passed u/s 263 of the Income Tax Act, 1961 (in short the “Act”) by ld. Pr. Commissioner of Income-tax, Guwahati-1, Guwahati [in short ld. “Pr. CIT”] dated 28.03.2021 arising out of the assessment order framed u/s 143(3) of the Act dated 27.06.2017.

The assessee is in appeal before the Tribunal raising the following grounds: “1. that on the fact and circumstances of the case and in law, Ld. PCIT, Guwahati-1 erred in law as well in fact by passing the order under section 263 of the Income Tax Act, 1961 (the Act) which is contrary to the material on record and provisions of the Act. 2. that on the fact and circumstances of the case and in law, Ld. PCIT, Guwahati-1 erred in holding that learned Assessing Officer (AO) passed the order under section 143(3) of the Act for the impugned assessment year 2015-16 without making required enquiries/investigations. 3. that on the fact and circumstances of the case and in law, Ld. PCIT, Guwahati-1 has erred in deciding the case ex-parte in violation of the principles of natural justice. 4. that on the fact and circumstances of the case and in law, Ld. PCIT, Guwahati-1 has erred in holding that deduction under section 80-IE has been wrongly allowed without considering the fact. 5. that the Ld. PCIT, Guwahati-1 has erred in law as well as in fact by invoking section 263 for admissibility of deduction under section 80-IE whereas the same was not a reason for scrutiny under section 143(3) as the same was limited scrutiny. 6. that on the fact and circumstances of the case and in law, Ld. PCIT, Guwahati-1 has erred by not providing reasonable opportunity of being heard. 7. that the Ld. PCIT, Guwahati-1 has erred in law as well as in fact by not considering the papers and documents in record.