SHRI KAMALKANT SHANTILAL JARIWALA HUF,SURAT vs. PCIT-1, SURAT
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the assessee had provided transportation details from January 2018, corresponding to AY 2018-19, and payments were reflected in the ledger account in February 2018 via RTGS. The assessee had submitted all necessary details to the AO, who thoroughly enquired into them through various notices and notes. The Tribunal found that the PCIT's invocation of Section 263 amounted to seeking a 'second opinion'. The genuineness of the transactions was properly established by the assessee, and therefore, the revisionary power under Section 263 could not be exercised as there was no prejudicial interest to the revenue. Consequently, the appeal of the assessee was allowed.
What were the facts?
The assessee, Shri Kamalkant Shantilal Jariwala HUF, filed its return of income for Assessment Year 2018-19 declaring a total income of Rs. 7,88,200. The Assessing Officer (AO) reopened the case under Section 147 of the Income Tax Act, 1961, based on information that the assessee was a beneficiary of bogus purchases amounting to Rs. 10,48,200 (excluding GST) from M/s. S. K. Enterprise. The assessee provided purchase invoices, delivery notes, transportation receipts, bank statements, and a party-wise purchase summary. The AO accepted the total return of income, completing the assessment under Section 147 read with Section 144B on March 3, 2023. The Principal Commissioner of Income Tax (PCIT) initiated revision proceedings under Section 263, observing a discrepancy where invoices were dated 2018, but transporter's receipts were dated 2017, suggesting no co-relation between purchases and sales. The PCIT concluded the assessment order was erroneous and prejudicial to revenue, setting it aside.
What were the issues?
1. Whether the revisionary order passed by the PCIT under Section 263 of the Income Tax Act, 1961, setting aside the AO's order passed under Section 147 read with Section 144B, is valid, considering the order was neither erroneous nor prejudicial to the interest of revenue? (Question of law and fact, turns on Section 263). Assessee's contention: The AO had reopened the case on the same basis of alleged bogus purchases and had considered all details provided by the assessee, including purchase invoices, delivery notes, transportation receipts, and bank statements. The PCIT's doubt regarding transportation bills (invoices dated 2018 vs. receipts dated 2017) pertained to exceptional cases, while other invoices were verifiable and verified by the AO. The PCIT re-verified evidence already examined by the AO, thus improperly invoking revisionary jurisdiction. Revenue's contention: The AO had not properly enquired into the evidence presented and lacked application of mind, justifying the PCIT's invocation of Section 263.
Which sections of the Income-tax Act were involved?
Section 147,Section 148,Section 139(1),Section 144B,Section 263
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, SURAT BENCH, SURAT
Before: MS. SUCHITRA KAMBLE & SHRI B.M. BIYANISHRI KAMALKANT SHANTILAL
IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE MS. SUCHITRA KAMBLE, JUDICIAL MEMBER AND SHRI B.M. BIYANI, ACCOUNTANT MEMBER ITA No.471/SRT/2025 (िनधा�रण वष�/Assessment Year: 2018-19) SHRI KAMALKANT SHANTILAL PR. COMMISSIONER OF JARIWALA HUF INCOME TAX, SURAT-1 2/1636, JALARAMKRUPA, ZUNDA INCOME TAX OFFICER, (JAO), SHERI, SAGRAMPURA PUTLI, WARD 1(2)(1), SURAT SURAT-395002, GUJARAT 123, 1ST FLOOR, AAYAKAR Vs. BHAWAN, NEAR MAJURA GATE, OPP. NEW CIVIL HOSPITAL, SURAT-395001, GUJARAT अपीलाथ� (APPELLANT) ��थ� (RESPONDENT)
Permanent Account Number of Assessee: AAGHK9176F
अपीलाथ� �ारा/Appellant represented by: Shri Sapnesh Sheth, Advocate ��थ� �ारा/Respondent represented by: Shri Ashish Pophare, CIT. DR
सुनवाई की तारीख / Date of conclusion of hearing: 06.08.2026 घोषणा की तारीख / Date of pronouncement: 28.10.2026
O R D E R PER : SUCHITRA KAMBLE, J M: The appeal filed by the assessee is against the order passed by the Principal Commissioner of Income Tax, Surat-1, Surat [in short “PCIT”] dated 13.02.2025 for the Assessment Year (in short “AY”) 2018-19.
The assessee has raised the following grounds of appeal: “1. On the facts and circumstances of the case as well as law on the subject, the learned Pr. Commissioner of Income-tax-1, Surat has erred in passing revisionary order u/s 263 of the I. T. Act, 1961 setting aside the order of Id. assessing officer passed u/s 147 r.w.s. 144B of the I. T. Act, 1961 dated 03.03.2023 for the year under consideration although said order is neither erroneous nor prejudicial to the interest of revenue 2. On the facts and circumstances of the case as well as law on the subject, the learned Pr. Commissioner of Income-tax has erred in holding that the assessee has made bogus purchases to the tune of Rs. 10,48,320/- and the same is not considered by assessing officer during the assessment proceedings. 3. It is therefore prayed that order passed by Pr. Commissioner of Income-tax u/s 263 of the I. T. Act, 1961 setting aside the order of assessing officer and directing assessing officer to pass fresh assessment order may please be quashed 4. Appellant craves leave to add, alter or delete any ground(s) either before or in the course of hearing of the appeal.” 3. The assessee filed return of income u/s.139(1) of the Income Tax Act, 1961 (in short, “the Act”) on 01.10.2018 for A.Y. 2018-19 declaring a total income of Rs.7,88,200/-. On the basis of credible information received from Investigation Wing, the Assessing Officer observed that the assessee was one of the beneficiaries who made bogus purchases to the tune of Rs.10,48,200/- (excluding GST) from bogus entity M/s. S. K. Enterprise during the year under consideration. The case of the assessee was reopened u/s 147 of the Act and notice u/s 148 of the Act was issued on 31.03.2022. The assessee filed response to show cause notice dated 28.01.2023 as well as on 17.12.2022. The assessee also filed audit report, ledger account of M/s. S. K. Enterprise in assessee’s book purchase invoices including delivery note, transportation receipts and bank statements highlighting payment made to M/s. S. K. Enterprise as well as a party-wise purchase summary before the Assessing Officer during the assessment proceedings. After taking cognizance of the details filed by the assessee, the Assessing Officer completed assessment on 03.03.2023 u/s 147 r.w.s. 144B of the Act thereby accepting the total return of income. The PCIT observed that while going through the transportation receipts, invoices are dated 2018, whereas, transporter’s receipts are dated 2017. Thus, PCIT observed that there is no co-relation between the purchases from the impugned parties and corresponding sales was established by the assessee. Therefore, the PCIT invoked Section 263 of the Act and issued show cause noticed on 25.09.2024. The assessee filed written submissions and the paper book before the PCIT. The PCIT, after taking into cognizance of the same, held that the assessment order passed on 03.03.2023 u/s 147 r.w.s. 144B of the Act is erroneous and prejudicial to the interest of Revenue and, thus, set aside the assessment order with a direction to the Assessing Officer to pass a fresh assessment order.
Being aggrieved by the order u/s 263 of the Act, the assessee filed appeal before us.
The Ld. Authorized Representative (in short “the Ld. AR”) for the assessee submitted that the Assessing Officer has reopened the assessee’s case on the very same basis of alleged bogus purchases from M/s. S. K. Enterprise and considering the assessee as one of the beneficiaries. The reopening u/s 147 of the Act was followed by the procedure and the assessee has given all the details including purchase invoices, delivery note, transportation receipts and bank statement highlighting payment made to M/s. S. K. Enterprise. The assessee has also given party-wise purchase summary, wherein the assessee has also stated the other parties from whom the assessee has purchased goods. The Ld. AR submitted that the PCIT has doubted the transportation bills/invoices thereby stating that the assessee has given invoices of 2018, whereas, transportation receipts are dated 2017. But, these are some of the exceptional invoices and all other invoices were verifiable and verified by the Assessing Officer during the assessment stage. The PCIT re-verified the evidences, which was already verified by the Assessing Officer at the reopening stage u/s 147 proceedings. Thus, the PCIT is not justified in refusing the view taken by the Assessing Officer and invoking revisionary jurisdiction u/s 263 of the Act.
The Ld. Departmental Representative (in short “Ld. DR”) submitted that the Assessing Officer has not properly enquired the evidences put up before him and there was no application of mind by the Assessing Officer and, therefore, the PCIT has rightly invoked Section 263 of the Act. The Ld. DR relied upon the order u/s 263 of the Act.
We have heard both the parties and perused all the relevant materials available on record. It is pertinent to note that the assessee has given the details related to the transportation from January 2018 which is in corresponding to the A.Y. 2018-19 and, therefore, the details were properly verified and, in fact, the payment to that was also reflected in the ledger account of the assessee, which is in February 2018 through RTGS, the assessee has given all the details before the Assessing Officer and also the Assessing Officer has pointed the question through various notes and show cause notices and has thoroughly enquired the details. Thus, the invocation of Section 263 of the Act by this PCIT is amounting to second opinion and, in fact, the genuineness of transaction was properly established by the assessee and, hence, revisionary power cannot be exercised in the present case as there is no prejudicial interest involved in the present assessee’s case.
In result, appeal of the assessee is allowed.
Order pronounced in the open court on 28.10.2026
Sd/- Sd/- (B.M. BIYANI) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEMBER Surat; Dated: 28.10.2026 //True Copy// * SKS, Sr. P.S. Copy of the Order forwarded to:
The Appellant 2. The Respondent 3. CIT- concerned 4. DR, ITAT, Surat 5. Guard File By order, Digitally signed by HEMA HEMA KISHORE KISHORE JAKKA JAKKA Date: 2026.10.29 18:17:49 +05'30' Assistant Registrar/Sr.PS/PS ITAT, Surat Bench
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