TRICONNECT INFRA PRIVATE LIMITED,NAGPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, (CENTRAL) NAGPUR, NAGPUR

ITA 472/NAG/2026Status: DisposedITAT Nagpur31 August 2026AY 2022-237 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the PCIT failed to conduct independent inquiry to establish that the assessment order was erroneous. The Assessing Officer (AO) had already examined the issue and gathered relevant evidence, and the PCIT's differing opinion did not automatically make the AO's order unsustainable.

What were the facts?

The assessee challenged an order passed by the Principal Commissioner of Income Tax (PCIT) under Section 263 of the Income Tax Act. The PCIT had held the assessment order to be erroneous and prejudicial to the interest of revenue, primarily concerning sub-contract expenditure.

What were the issues?

Whether the PCIT correctly exercised jurisdiction under Section 263 by setting aside the assessment order without conducting independent inquiry when the AO had already examined the issue and gathered evidence.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 142(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “DB” BENCH, NAGPUR

Before: SHRI ANUBHAV SHARMA & SHRI KHETTRA MOHAN ROY

Hearing: 16.06.2026Pronounced: 3108.2026

PER ANUBHAV SHARMA, JM:

This appeal is preferred by the assessee against the order dated 24.03.2026 of the Ld. PCIT(Central), Nagpur (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘Revisionary Authority’) in DIN & Order No: ITBA/REV/F/REV5/2025-26/1087850737(1) arising out of the assessment order dated 29.03.2024 u/s 143(3) of the Income Tax Act,

P a g e | 2 Triconnect Infra Private Limited (AY: 2022-23) 1961 (hereinafter referred to as ‘the Act’) passed by ACIT/DCIT, Central- 2(2) Nagpur, for AY: 2022-23. 2. On hearing both sides we find that asse

The order continues below.

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