SAMRA INDUSTRIES, FARIDKOT,FARIDKOT vs. THE PCIT, BATHINDA NOW JURISDICTION THE PCIT-1, AMRITSAR, BATHINDA

ITA 583/ASR/2025Status: DisposedITAT Amritsar23 July 2026AY 2011-20128 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the order under Section 263 was passed ex-parte without giving the assessee a proper opportunity to be heard. Therefore, the matter was remanded back to the PCIT for fresh consideration after providing a reasonable opportunity of hearing to the assessee.

What were the facts?

The assessee filed an appeal against an order passed by the PCIT under Section 263 of the IT Act. The PCIT had held that the Assessing Officer's order was erroneous and prejudicial to the interest of revenue, particularly concerning unsecured loans. The appeal was filed belatedly, but the delay was condoned.

What were the issues?

Whether the PCIT's order under Section 263 was passed without affording the assessee a proper opportunity of being heard, and whether the reassessment proceedings were valid.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR.

Before: SH. S. RIFAUR RAHMAN & SH. UDAYAN DAS GUPTA

Hearing: 20.07.2026Pronounced: 23.07.2026

Per: Udayan Dasgupta, JM: This appeal is filed by the assessee against the order of ld. PCIT, Bathinda, passed u/s 263 of the IT Act, 1961, dated 25.03.2019, for A.Y. 2011-12. 2. The grounds of appeal taken in form 36 are as follows:

“1. That the Ld. PCIT Bathinda has erred in passing the order u/s 263 vide order, dated 25.03.2019 and also erred in holding that the order passed by the Assessing Officer u/s 143(3) r.w.s 263 vide order, dated 28.12.2016, is erroneous and prejudicial to the interest of revenue. Assessment Year: 2011-12 2

2.

That the reopening of the case under section 263 by the PCIT Bathinda is total contrar

The order continues below.

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