UMESH B BALIKAI,HUBLI vs. PRINCIPAL COMMISSIONER OF INCOME TAX, HUBLI, HUBLI

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ITA 505/BANG/2022Status: DisposedITAT Bangalore20 July 2022AY 2017-182 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that an order passed by the PCIT under Section 264 of the Income Tax Act is not an appealable order before the ITAT under Section 253 of the Act. Therefore, the appeal filed by the assessee was dismissed as not maintainable.

What were the facts?

The assessee filed an appeal before the ITAT against an order passed by the Principal Commissioner of Income-tax (PCIT) under Section 264 of the Income Tax Act. The appeal concerned the taxability of interest on enhanced compensation received due to compulsory acquisition.

What were the issues?

The primary issue was whether an order passed by the PCIT under Section 264 is appealable before the Income Tax Appellate Tribunal.

Which sections of the Income-tax Act were involved?

Section 264,Section 253

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, BANGALORE BENCHES “B”, BANGALORE

Before: Shri George George K, JM & Shri Laxmi Prasad Sahu, AM

Hearing: 20.07.2022Pronounced: 20.07.2022

O R D E R

Per George George K, JM :

1.

This appeal at the instance of the assessee is directed against the order of Principal Commissioner of Income-tax dated 30.03.2022 passed u/s 264 of the I.T.Act. The relevant assessment year is 2017-2018.

2.

The grounds raised

read as follows:- “1. The order passed by the learned PCIT, Hubli is illegal, baseless and opposed to the facts of the case. Proper opportunity of being heard has not been given by said authority.

2. The assessee has received interest on enhanced compensation on compulsory acquisition which is part of compensation and is exempt from tax. Hence TDS made on the same to be refunded.

. Sri.Umesh B.Balikai. 3. The interest on enhanced compensation on compulsory acquisition is exempt from tax. However if it is treated as income then deduction u/s 57(iv) to the extent of 50% of the interest ought to have been given by the PCIT since interest related to more than 2 years. 4. The assessee prays leave to add any more grounds of appeal before or at the time of hearing.”

3. At the very outset, we noticed that the appeal has been filed before the ITAT against the order passed u/s 264 of the I.T.Act. The order passed by the PCIT u/s 264 of the I.T.Act is not an appealable order before the ITAT u/s 253 of the I.T.Act. Therefore, we dismiss this appeal filed by the assessee as not maintainable. It is ordered accordingly.

4.

In the result, the appeal filed by the assessee is dismissed.

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