UDIT INFRAWORLD PRIVATE LIMITED & PATH(INDIA) LIMITED,REWA vs. PCIT -1, JABALPUR, JABALPUR

ITA 40/JAB/2024Status: DisposedITAT Jabalpur20 August 2026AY 2018-195 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the PCIT's order under Section 263 was not justified as it did not demonstrate that the assessment order was erroneous and prejudicial to the revenue. The PCIT also changed his stand on the grounds for revision.

What were the facts?

The Principal Commissioner of Income-tax (PCIT) initiated proceedings under Section 263 of the Income Tax Act, 1961, to revise an assessment order. The PCIT believed the assessee failed to deduct tax at source (TDS) on payments made to a subsidiary company.

What were the issues?

Whether the PCIT's order under Section 263 was valid when the assessment order was not demonstrably erroneous or prejudicial to revenue, and if the PCIT had jurisdiction to invoke Section 201.

Which sections of the Income-tax Act were involved?

Section 263,Section 201,Section 201(1A)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JABALPUR BENCH “DB”, JABALPUR

Before: SHRI KUL BHARAT & SHRI, GD PADMAHSHALI

For Appellant: Shri Sapan Usrethe, Advocate
For Respondent: Shri Dhananjay Wanjari, CIT-DR

PER KUL BHARAT, VICE PRESIDENT.:

This appeal, by the assessee, is directed against the order of the learned Principal Commissioner of Income-tax (PCIT)- Jabalpur-1, dated 21.02.2024, passed u/s 263 of the Income-tax Act, 1961 (hereinafter referred to as the “Act”), pertaining to the assessment year 2018-19. The assessee has raised the following grounds of appeal: -

“1. The learned Principal Commissioner of Income Tax — 1, Jabalpur (hereinafter referred to as `the learned POT') has erred in initiating proceedings under section 263 of Income Tax Act, 1961 (`the Act') since when the assessment order passed by the learned

The order continues below.

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