ASR EDUCATIONAL SOCIETY,TANUKU vs. INCOME TAX OFFICER, EXEMPTIONS, RAJAHMUNDRY

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ITA 95/VIZ/2024Status: DisposedITAT Visakhapatnam04 July 2025AY 2013-14Bench: SHRI RAVISH SOOD, HON’BLE (Judicial Member), SHRI BALAKRISHNAN. S, HON’BLE (Accountant Member)14 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 PCIT's order under Section 263 was unsustainable as it was passed without providing sufficient opportunity to the assessee to explain, violating principles of natural justice. Consequently, the PCIT's order was quashed.

What were the facts?

The Assessing Officer initiated reassessment proceedings under Section 147 for AY 2013-14, accepting the assessee's nil income after exemption. The Principal Commissioner (PCIT) later invoked Section 263, finding the assessment order erroneous and prejudicial to revenue due to alleged non-application of funds.

What were the issues?

Whether the PCIT's order under Section 263 was passed in violation of natural justice by not providing adequate opportunity to the assessee to present its case.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 147,Section 148,Section 11

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Visakhapatnam Bench

For Appellant: Dr. Satyasai Rath, CIT(DR)

आदेशकी प्रतततिति अग्रेतषत/ Copy of the order forwarded to:-

1. 1. तिर्ााररती/The Assessee : ASR Educational Society, 6-41, By Pass Road, Pydiparru, Tanuku, Andhra Pradesh – 534211. 2. राजस्व/ The Revenue : The Income Tax Officer (Exemptions), Rajahmundry.

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