JAGPAL SHARMA,GHAZIABAD UP vs. PCIT, GHAZIABAD UP
Income Tax Appellate Tribunal, DELHI BENCHES: C : NEW DELHI
Before: SHRI S. RIFAUR RAHMAN & SHRI ANUBHAV SHARMAAssessment Year: 2009-10
PER ANUBHAV SHARMA, JM:
This appeal is preferred by the Assessee against the order dated
27.03.2019 of the Principal Commissioner of Income-tax, Ghaziabad
(hereinafter referred to as ‘the Ld. PCIT’, for short), vide Despatch No.4928, u/s 263 of the Income Tax Act, 1961 (hereinafter referred as ‘the Act’) revising the assessment order dated 30.06.2016 passed by the ITO, Ward 1(3),
Ghaziabad, (hereinafter referred to as the Ld. AO) u/s 147/143(3) of the Act.
2
At the time of hearing, no one has appeared for the assessee. Notices have been repeatedly issued. No further notice is justified. The ld. DR was heard who supported the impugned order passed u/s 263 of the Act. 23. We find that the impugned order was passed after issuing a show cause notice on the assessee wherein the assessee’s claim of deduction u/s 54F of the Act was questioned and on merits the order of the AO was considered to be erroneous so far as prejudicial to the interest of the Revenue. There is no error in the findings of the ld. PCIT that with regard to the amount invested by the assessee in the second residential house owned by his son also, the deduction was granted by the ld. AO which was not in accordance with the law. Thus juri iction u/s 263 of the Act was duly exercised. The grounds have no substance. The appeal is dismissed.
Order pronounced in the open court on 29.04.2025. (S. RIFAUR RAHMAN)
JUDICIAL MEMBER
Dated: 29th April, 2025. dk