SMT. ROHINI VALMIK GADHAVE,PUNE vs. COMMISSIONER OF INCOME-TAX -5, PUNE

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ITA 433/PUN/2020Status: DisposedITAT Pune27 July 2022AY 2015-1610 pages

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

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the AO had applied his mind to the sales promotion expenses claim and made a specific disallowance, indicating proper application of mind. Therefore, the PCIT's revisionary order under Section 263 was incorrect.

What were the facts?

The assessee claimed large sales promotion expenses, which were selected for limited scrutiny. The Assessing Officer (AO) disallowed a small portion of these expenses, but the Principal Commissioner of Income Tax (PCIT) revised the assessment order under Section 263, holding it to be erroneous and prejudicial to revenue due to lack of proper inquiry.

What were the issues?

Whether the PCIT correctly invoked Section 263 to revise the assessment order when the AO had applied his mind and made a specific disallowance on sales promotion expenses.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(5)Show list

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Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE

Before: SHRI S.S. GODARA & DR. DIPAK P. RIPOTE

For Appellant: Shri B.C. Malakar
For Respondent: Shri Saradar Singh Meena

आदेश की प्रतिलिपि अग्रेपिि/Copy of the Order is forwarded to: अपीऱधर्थी / The Appellant; 1. प्रत्यर्थी / The Respondent; 2. 3. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, पुणे “B” / DR „B‟, ITAT, Pune 4. गार्ड फाईल / Guard file आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अविकरण ,पुणे / ITAT, Pune

Date 1. Draft dictated on 12-07-2022 Sr.PS 2. Draft placed before author 22-07-2022 Sr.PS 3. Draft proposed & placed before the JM second member 4. Draft discussed/approved by Second JM Member. 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order.

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