JIGNASA ATULKUMAR SHAH,AHMEDABAD vs. THE PR.CIT-1, AHMEDABAD

ITA 1140/AHD/2025Status: DisposedITAT Ahmedabad24 February 2026AY 2018-19Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)8 pages
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What did the Tribunal hold?

The Tribunal held that the PCIT wrongly assumed jurisdiction under section 263 because an appeal on the same subject matter was already pending before the CIT(A). Relying on Explanation 1(c) to Section 263(1) and judicial precedents, the Tribunal found the assumption of jurisdiction to be invalid.

What were the facts?

The assessee had claimed Long Term Capital Gain exemption on the sale of shares. The Principal Commissioner of Income Tax (PCIT) initiated revision proceedings under section 263, alleging the assessment order was erroneous and prejudicial to the revenue, citing issues with share price manipulation and bogus entries. However, an appeal by the assessee against the reassessment order was already pending before the CIT(A) on the same issue.

What were the issues?

Whether the PCIT can invoke revisionary powers under section 263 when an appeal on the same issue is pending before the CIT(A).

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 263,Section 144B

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Income Tax Appellate Tribunal, AHMEDABAD “D” BENCH

Before: DR. BRR Kumar & Shri T. R. Senthil Kumar

PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:-

This appeal is filed by the Assessee as against the Revision order dated 07-11-2025 passed by the Principal Commissioner of Income Tax-1, Ahmedabad arising out of the assessment order passed under section 147 r.w.s. 144B of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year 2018-19. 2. Brief facts of the case is that the assessee is an individual filed his original Return of Income for the Asst. Year 2018-19 on 17-07-2018

I.T.A No. 1140/Ahd/2025 A.Y. 2018-19 Page No 2 declaring total income of Rs.15,53,920/-. Information received

The order continues below.

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