SHRI BASANT BANSAL,GURGAON vs. PR,CIT (CENTRAL), GURGAON

ITA 385/DEL/2021Status: DisposedITAT Delhi31 May 2021AY 2017-18151 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that if the assessment order was passed mechanically without application of mind, as observed by the PCIT himself, then revision proceedings under Section 263 are not maintainable. The Tribunal set aside the PCIT's orders, restoring the original assessment orders.

What were the facts?

Following a search operation, assessments were completed accepting the returned income for several individuals. The Principal CIT initiated revision proceedings under Section 263, considering the assessment orders erroneous and prejudicial to revenue. The assessees challenged the validity of the Section 263 proceedings.

What were the issues?

Whether revision proceedings under Section 263 are maintainable when the PCIT himself observes that the assessment order was passed mechanically. Whether an assessment order vitiated by lack of proper approval can be subject to revision under Section 263.

Which sections of the Income-tax Act were involved?

Section 263,Section 153D,Section 143(3),Section 153B

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Cases cited in this judgment(30)Show 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.

//FIT FOR PUBLICATION// OP Kant BS A.M. J.M. IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES “A” : DELHI [THROUGH VIDEO CONFERENCING] BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI O.P.KANT, ACCOUNTANT MEMBER ITA.No.383/Del./2021 Assessment Year 2017-2018 Smt. Abha Bansal, The Pr. CIT (Central), 103B, The Aralias, DLF Gurgaon. Golf Link City Phase-V, vs. Gurgaon, Haryana. Haryana. PIN – 122 001 PIN – 122 001. PAN AANPB8695H (Appellant) (Respondent) ITA.No.384/Del./2021 Assessment Year 2017-2018 Shri Pankaj Bansal, The Pr. CIT (Central), C-13, Sushant Lok, Gurgaon. Phase-1, Gurgaon, vs. Haryana. Haryana. PIN – 122 002 PIN – 122 001. PAN ANHPB5602R (Appellant) (Respondent) ITA.No.385/Del./2021 Assessment Year 2017-2018 Shri Basant Bansal, The Pr. CIT (Central), 103B, The Aralias, DLF Gurgaon. Golf Link City Phase-V, vs. Gurgaon, Haryana. Haryana. PIN – 122 001 PIN – 122 001. PAN AHYPB1937A (Appellant) (Respondent)

2 ITA.Nos.383, 384, 385 & 386/Del./2021 Smt. Abha Bansal, Sh Pankaj Bansal, Sh Basant Bansal And Sh Roop Kumar Bansal, Gurgaon. ITA.No.386/Del./2021 Assessment Year 2017-2018 Shri Roop Kumar Bansal, The Pr. CIT (Central), C-13, Sushant Lok, Gurgaon. Phase-1, Gur

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