INSIGHT PRINT COMMUNICATIONS PRIVATE LIMITED,MUMBAI vs. THE PCIT, MUMBAI-4, MUMBAI

ITA 3384/MUM/2025Status: DisposedITAT Mumbai31 December 2025AY 2020-21Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)1 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the PCIT validly exercised his revisionary jurisdiction. The retrospective amendment of Section 40(a)(ii) disallows the claim for Higher Education Cess as a business expense. The assessee's arguments regarding the Assessment Unit not being an Assessing Officer and the pending appeal before CIT(A) were rejected.

What were the facts?

The assessee claimed Higher Education Cess as a deductible business expense. The PCIT initiated revision proceedings u/s 263, holding that this claim was not allowable due to a retrospective amendment in Section 40(a)(ii) and that the assessment order was erroneous and prejudicial to the revenue.

What were the issues?

Whether the PCIT can invoke revisionary powers u/s 263 against an order passed by the Assessment Unit? Whether Higher Education Cess is a deductible expense in light of retrospective amendment to Section 40(a)(ii)?

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 144B,Section 37,Section 40(a)(ii),Section 142(1),Section 2(7A),Section 37(1)

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Income Tax Appellate Tribunal, “C” BENCH MUMBAI

Before: SHRI PAWAN SINGH & SHRI GIRISH AGRAWAL

Hearing: 08.10.2025Pronounced: 31.12.2025

PER GIRISH AGRAWAL, ACCOUNTANT MEMBER:

This appeal filed by the assessee is against the revisionary order by ld. PCIT, Mumbai-4, vide order no. ITBA/REV/F/REV5/2024- 25/1074740466(1), dated 20.03.2025 passed u/s. 263 of the Income- tax Act, 1961 (hereinafter referred to as the “Act”) against the assessment order by Assessment Unit, u/s. 143(3) r.w.s.144B of the Act, dated 22.09.2022, for AY 2020-21. 2. Grounds taken by assessee are reproduced as under:

1.

The appellant prefers the following Appeal against the order dated 20/03/2025 of the Principal Commissioner of Income Tax, Mumbai-4 (hereinafter referred to as "The PCIT ") passed

The order continues below.

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