BANSILAL RAMNATH AGARWAL CHARITABLE TRUST,PUNE vs. CIT (EXEMPTION), PUNE

PDF · subscribers
ITA 1357/PUN/2025Status: DisposedITAT Pune28 January 2026AY 2020-2146 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the CIT's order was neither erroneous nor prejudicial to the interest of the revenue. Merely disagreeing with the AO's view does not warrant revision under Section 263, especially when the AO had examined the details provided by the assessee.

What were the facts?

The assessee, a charitable trust, filed its return of income declaring Nil income. The CIT (Exemption) initiated revision proceedings under Section 263, considering the Assessing Officer's order erroneous and prejudicial to revenue. The CIT questioned payments made to specified persons and the AO's examination of these transactions.

What were the issues?

Whether the CIT was justified in invoking revisionary powers under Section 263 when the Assessing Officer had already examined the issue of payments to specified persons and concluded the assessment. Whether the order passed by the AO was erroneous and prejudicial to the interest of the revenue.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 11,Section 80HHC

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(17)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.

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

Before: SHRI R. K. PANDA & Ms. ASTHA CHANDRA

For Appellant: Shri Kishor B Phadke
For Respondent: Shri Amol Khairnar, CIT-DR

आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: 1. अपील र्थी / The Appellant; 2. प्रत्यर्थी / The Respondent 3. The concerned Pr.CIT, Pune 4. DR, ITAT, ‘A’ Bench, Pune 5. ग र्ड फ ईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Assistant Registrar आयकर अपीलीय अदिकरण ,पुणे / ITAT, Pune

S.No. Details Date Initials Designation 1 Draft dictated on 20.01.2026 Sr. PS/PS 2 Draft placed before author 21.01.2026 Sr. PS/PS Draft proposed & placed before the 3 JM/AM Second Member Draft discussed/approved by Second 4 AM/AM Member 5 Approved Draft comes to the Sr. PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of Order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS Date on which the file goes to the Office 9 Superintendent 10 Date on which file goes to the A.R. 11 Date of Dispatch of order

More judgments on Section 263

All 13,616 judgments and leading authorities on Section 263 →

Recent GST High Court judgments

Search GST case law →