RAVI MODI,KOLKATA vs. DCIT, CENTRAL CIRCLE 3(2),, KOLKATA

ITA 1964/KOL/2025Status: DisposedITAT Kolkata17 February 2026AY 2022-20231 pages
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What did the Tribunal hold?

The Tribunal held that the PCIT had invalidly exercised jurisdiction under Section 263. The AO had specifically queried the Section 54 claim, and the assessee had provided a comprehensive reply with supporting evidence, which the AO considered before passing the assessment order.

What were the facts?

The Principal Commissioner of Income Tax (PCIT) invoked Section 263 of the Income Tax Act, 1961, to revise an assessment order passed by the Assessing Officer (AO). The PCIT believed the AO had not properly examined the assessee's claim for deduction under Section 54, making the assessment erroneous and prejudicial to the revenue.

What were the issues?

Whether the PCIT validly exercised jurisdiction under Section 263 when the AO had already examined the issue and accepted the assessee's claim based on submitted evidence.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 54,Section 142(1)

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Cases cited in this judgment(5)Show list

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Heard together (2 matters)

I.T.A. No.1964/Kol/2025
I.T.A. No. 1965/Kol/2025

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IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH,KOLKATA SHRI RAJESH KUMAR, ACCOUNTANT MEMBER SHRI PRADIP KUMAR CHOUBEY, JUDICIAL MEMBER Ravi Modi, Flat 2C, Block C & D, 12C Lord Sinha Road, Middletown Row S.O. Kolkata - 700071 [PAN: ADTPM5363Q] ..……..…...……………....Appellant vs. DCIT, Central Circle 3(2), Kolkata, Aayakar Bhawan Poorva, 110 Shantipally, E.M. Bypass, Kolkata – 7000107 ................................ Respondent Shilpi Modi, 19 Canal South Road, Paridhan Garment Park, F01, Tangra, S.O., Kolkata - 700015 [PAN: AEXPM7841J] ..……..…...……………....Appellant vs. DCIT, Central Circle 3(2), Kolkata, Aayakar Bhawan Poorva, 110 Shantipally, E.M. Bypass, Kolkata – 700107 ................................ Respondent

Appearances by: Assessee represented by : S.M. Surana, Adv. Department represented by : Sanat Kumar Raha, CIT(DR) Date of concluding the hearing : 08.12.2025 Date of pronouncing the order : 17.02.2026 20.08.2025 passed u/s 263 of the Income Tax Act, 1961 (hereafter referred to as “the Act”) by the Ld. Principal Commissioner of Income Tax (Central), [hereafter referred

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