AKASH MANGLANI, BILASPUR,BILASPUR vs. PR. COMMISSIONER OF INCOME TAX RAIPUR-1, RAIPUR, RAIPUR

ITA 232/RPR/2025Status: HeardITAT Raipur05 August 2026AY 2018-199 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the PCIT cannot revise an assessment order under Section 263 solely on the ground that the AO failed to initiate penalty proceedings. This decision followed the precedent set by the Punjab & Haryana High Court and other High Courts.

What were the facts?

The assessee did not file an income tax return, and the Assessing Officer (AO) reopened the case based on cash deposits. The AO completed the assessment but failed to initiate penalty proceedings. The Principal Commissioner of Income Tax (PCIT) initiated revision proceedings under Section 263, holding the AO's order erroneous and prejudicial to revenue due to the non-initiation of penalty.

What were the issues?

Whether the PCIT can invoke Section 263 powers to revise an assessment order when the Assessing Officer has failed to initiate penalty proceedings.

Which sections of the Income-tax Act were involved?

Section 263,Section 147,Section 148,Section 144B,Section 270A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR

Before: JUSTICE (RETD.) SHRI C. V. BHADANG & SHRI R. K. PANDA

For Appellant: Shri S.R. Rao, Adv
For Respondent: Shri Rituparna Namdeo, CIT-DR

PER R.K. PANDA, VP:

This appeal filed by the assessee is directed against the order dated 11.03.2025 passed u/s 263 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) by the Ld. PCIT, Raipur - 1 relating to assessment year 2018-19. 2. Facts of the case, in brief, are that the assessee is an individual and has not filed his return of income for the impugned assessment year. Since the assessee has not filed his return of income and information was available with the department that the assessee has made cash deposit of Rs.1,26,38,000/- (including through bearer’s cheque) as well as withdrawal of cash of Rs.15,000/- from his bank account maintained with Allahabad Bank, the case of the assessee was reopened as per the provi

The order continues below.

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