BACHHARAJ & CO PRIVATE LIMITED,MUMBAI vs. PR COMM. OF INCOME TAX-3, MUMBAI
What did the Tribunal hold?
The Tribunal held that the issue raised by the PCIT regarding the claim of deduction under Section 80G for CSR expenditure was highly debatable. Therefore, any view taken by the Assessing Officer (AO) during assessment was a plausible view, and the PCIT's view amounted to a change of opinion, for which Section 263 jurisdiction could not be assumed.
What were the facts?
The assessee filed its return of income for AY 2020-21, which was selected for scrutiny. The assessment was completed, and the returned income was assessed at a higher figure. The Principal Commissioner of Income Tax (PCIT) invoked Section 263, stating the assessment order was erroneous and prejudicial to the revenue.
What were the issues?
Whether the PCIT can assume jurisdiction under Section 263 of the Income Tax Act, 1961, when the issue is debatable and the PCIT's view amounts to a change of opinion, and whether CSR expenditure can be claimed as a donation under Section 80G.
Which sections of the Income-tax Act were involved?
Section 143(3),Section 144B,Section 263,Section 37(1),Section 80G,Section 115JB,Section 142(1)
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- JMS Mining (P.) Ltd. v. PCIT93 citing130 Taxmann.com 118 · 2021 · ITAT
Income Tax Appellate Tribunal, “B” BENCH, MUMBAI
Before: SHRI NARENDRA KUMAR BILLAIYA, HON’BLE & SHRI ANIKESH BANERJEE, HON’BLE
Assessee by : Shri Kirit Kamdar, A/R Revenue by : Shri Satyaprakash R. Singh, CIT D/R सुनवाई की तारीख/Date of Hearing : 23/07/2025 घोषणा की तारीख /Date of Pronouncement: 25/07/2025 आदेश/O R D E R
PER NARENDRA KUMAR BILLAIYA, AM:
This appeal by the assessee is preferred against the order of the ld. Principal Commissioner of Income Tax, Mumbai - 3 [hereinafter ‘the ld. Pr. CIT’] dated 13/03/2025 pertaining to AY 2020-21.
The sum and substance of the grievance of the assessee is that the ld. Pr. CIT erred in assuming jurisdiction conferred upon him by the provisions of Section 263 of the Act and further erred in holding that the assessment dated 27/09/2022 framed u/s 143(3) r.w.s. 144B of the Act is erroneous inasmuch as it is prejudicial to the interest of the revenue. 3. Briefly stated the facts of the case are that the assessee filed its return of income on 01/02/2021 declaring total income at Rs. 83,74,38,910/-. The return was selected for scrutiny assessment and 2 accordingly statutory notices were issued and served upon the assessee. Vide order dated 27/09/2022, the returned income of the assessee was assessed at Rs. 88,17,67,529/-. Assuming jurisdiction conferred upon him by the provisions of Section 263 of the Act, the ld. Pr. CIT issued showcause notice:-
More judgments on Section 144B
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Mohammed Javed Bhati, Sikar vs Income Tax Officer, Ward 1, SikarITA 994/JPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Haresh Sharma, Ahmedabad vs ITO, Ward 5(3)(1), AhmedabadITA 2125/AHD/2026[2019-2020]Status: Disposed21 Oct 2026AY 2019-2020
- Haresh Sharma, Ahmedabad vs ITO, Ward 5(3)(1), AhmedabadITA 2124/AHD/2026[2019-20]Status: Disposed21 Oct 2026AY 2019-20
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
Recent GST High Court judgments
Search GST case law →- Sushama Mishra vs. The Commissioner Of CT And GST, Odisha, KatakOrissa · 28 Oct 2026
- Saudamini Samantray vs. Assistant Commissioner Of State Tax, CT And GST, Bhubaneswar IiOrissa · 28 Oct 2026
- M/S. Keshav Rice Mill, Ganjam vs. Chief Commissioner, CT And GST, Odisha, KatakaOrissa · 28 Oct 2026
- M/S. Nanda Contruction PVT. LTD., Angul vs. Additional Commissioner, GST And Central Excise Commissionerate, SundergarhOrissa · 28 Oct 2026
- M/S Utkal Suppliers,Ganjam vs. Assistant Commissioner Of CT And GST, Ganjam-I Circle,GanjamOrissa · 28 Oct 2026