MANOJ KUMAR VISHANDAS KAMNANI,NAGPUR vs. DCIT/ACIT CIRCLE-4, NAGPUR

ITA 239/NAG/2024Status: DisposedITAT Nagpur31 August 2026AY 2017-1814 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the PCIT erred in invoking revisional jurisdiction as the AO had conducted due enquiry and the PCIT's assumption of jurisdiction was unsustainable on facts and law. The Tribunal quashed the revision order and restored the assessment order.

What were the facts?

Following a search operation, the assessee's assessment was completed accepting the returned income. The PCIT initiated revision proceedings under Section 263, alleging the Assessing Officer (AO) failed to examine an issue of alleged on-money payment for an immovable property.

What were the issues?

Whether the PCIT was justified in invoking revisional jurisdiction under Section 263 when the AO had conducted adequate enquiries and the assessment order was not erroneous or prejudicial to the revenue.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 153A,Section 132(1),Section 153D,Section 120

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR BENCH :: NAGPUR

For Appellant: Shri Himesh Demble, CA
For Respondent: Shri Pankaj Kumar, CIT-DR
Hearing: 18.06.2026Pronounced: 31.08.2026

PER KHETTRA MOHAN ROY, AM:

This appeal filed by the assessee is directed against the order of Learned Principal Commissioner of Income Tax, Nagpur, (for short, “PCIT”), dated 23/03/2024 passed under section 263 of the Income Tax Act, 1961 (for short, “Act”) for the Assessment Year (AY) 2017-18. 2. The only effective ground raised by the assessee in this appeal is Ld.PCIT erred in invoking revisional juri iction u/s. 263 of the Act and in setting aside the assessment order passed u/s. 143 r.w.s. 153A of the Act.

3.

Facts of the case in brief are that assessee, an individual, filed his return of income for the A.Y. 2017-18 on 07.11.2017 declaring total income of Rs. 10,57,130/-. Subsequent

The order continues below.

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