M/S DIPIN BHAVARLAL JAIN,MUMBAI vs. PCIT-20, MUMBAI
Income Tax Appellate Tribunal, MUMBAI BENCH “D” MUMBAI
Before: SHRI OM PRAKASH KANT () & SHRI SUNIL KUMAR SINGH () Assessment Year: 2018-19
PER OM PRAKASH KANT, AM
This appeal by the assessee is directed against revision order dated 31.03.2024 passed by the Ld. Pr. Commissioner of Income- tax, Mumbai-20 [in short ‘the Ld. PCIT’] u/s 263 of Income-tax Act,
1961( in short the ‘Act’) for assessment year 2018-19, raising following grounds:
The le invokin Act, 19 that th verifica of the provisi provisi 2. The PC withou to the agains law; 3. Withou apprec 2018-1 propert the De Invokin Assess 19 is il 2. Before us, the L No. 2 of the appeal being heard was no violation of the princi back for deciding afre 3. We have heard the relevant material notice u/s 263 of th matter on 29.03.2024 matter ex-parte on PCIT is reproduced a “4. In light of 143(3) read w M ITA earned Pr. CIT-20, Mumbai ("the PCIT") ng the provisions of section 263 of the In 961 ("the Act"). The PCIT ought to have ap he learned AO had duly made inqu ation during the assessment proceedings property purchased by the appellant. In ions of section 263 of the Act is ag ions of law, is illegal, void and without jur CIT erred in passing the order u/s.263 ut providing reasonable opportunity of be appellant. The order passed u/s.263 of st the principles of natural justice and ut prejudice to above, the PCIT ought ciated that the addition cannot be made i 19 as the appellant have purchased ty in AY. 2017-18. And the same is evi eed of Transfer for Purchase of said ng of provision of section 263 of the Act a sment Order passed u/s.143(3) for the A llegal, void and bad-in-law; Ld. Counsel for the assessee refe and submitted that adequate ot provided to the assessee, w iple of natural justice, matter m esh. rival submissions of the parti ls on record. We find that the L e Act to the assessee on 28.03 4 and in view of non-representa 31/03/2024. The relevant find s under: f the above, the said assessment order with sections 143(3A) and 143(3B) of the M/s Dipin Bhavarlal Jain 2 A No. 2922/MUM/2024 ) erred in ncome Tax ppreciated uiries and in respect nvoking of gainst the ri iction; of the Act eing heard the Act is is bad-in- t to have in the A.Y. the said ident from property. against the A.Y. 2018- erred to Ground e opportunity of which being in might be restored ies and perused Ld. PCIT issued .2024 fixing the ation decided the ding of the Ld. passed u/s. e Income-Tax
Act, 1961 fo prejudicial to 263 of the I through ITBA on 29/03/20
nor made any However, the representation the merits and 3.1 It is evident tha for responding and Thus, assessee has explain the issues in Therefore, we feel it PCIT and restore the taking into consider reasoned order. The allowed. The remaini upon at this stat infructuous.
4. In the result, statistical purposes.
Order pronoun (SUNIL KUMA
JUDICIAL M
Mumbai;
Dated: 18/02/2025
Rahul Sharma, Sr. P.S.
M
ITA or A.Y. 2018-19 on 13.04.2021, is err the interest of the revenue. Accordingly,
Income-Tax Act, 1961 was issued to th
Portal on 28/03/2024 through ITBA, fix
024. In response to the said notice no o y written submissions either online or ph re was no response from the assessee.
n from the assessee, the matter is being d materials available on record.”
at assessee was provided only pe thereafter the impugned orde not been provided sufficient nvolved in said notice issued b appropriate to set aside the o e matter back to him for decid ation submission of the asses e ground No. 2 of the appeal ing grounds are not required to te and therefore, same are the appeal of the assessee ced in the open Court on 18/0 AR SINGH)
(OM PRAK
MEMBER
ACCOUNTA
M/s Dipin Bhavarlal Jain
3
A No. 2922/MUM/2024
roneous and a notice u/s he assessee xing the case one attended hysical copy.
In view non- g decided on eriod of one day er was passed.
opportunity to by the Ld. PCIT.
order of the Ld.
ding afresh after see and pass a l is accordingly o be adjudicated dismissed as is allowed for 02/2025. d/-
KASH KANT)
ANT MEMBER
Copy of the Order forward
1. The Appellant
2. The Respondent.
3. CIT
4. DR, ITAT, Mumbai
5. Guard file.
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M
ITA ded to :
BY ORDER
(Assistant Re
ITAT, Mu
M/s Dipin Bhavarlal Jain
4
A No. 2922/MUM/2024
R, gistrar) umbai