MAHESH KUMAR VERMA,DELHI vs. PR, CIT CENTRAL KNP, MEERUT

ITA 2530/DEL/2024Status: DisposedITAT Delhi02 December 2024AY 2017-18Bench: SHRI SATBEER SINGH GODARA (Judicial Member)3 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the PCIT had already 'dropped' the section 263 proceedings because the Assessing Officer had taken recourse to section 148 reopening proceedings. Consequently, the assessee lacked valid locus standi to be aggrieved by the PCIT's impugned order under these peculiar circumstances. The appeal was therefore dismissed.

What were the facts?

The assessee filed an appeal against the PCIT's order dated 31.03.2024, initiated under section 263 of the Income-tax Act, 1961 for AY 2017-18. The PCIT had initiated revision proceedings against an assessment made under sections 153C read with 144, which assessed the assessee's gross profit at 2% of unaccounted cash purchases, deeming it erroneous and prejudicial to revenue. The assessee did not appear for the hearing, and proceedings were conducted ex-parte.

What were the issues?

Whether the assessee had locus standi to challenge the PCIT's order under Section 263 when the PCIT had already dropped the revision proceedings due to recourse to Section 148 by the Assessing Officer.

Which sections of the Income-tax Act were involved?

Section 263,Section 153C,Section 144,Section 148

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘E’ NEW DELHI

Before: SHRI SATBEER SINGH GODARA & SHRI M. BALAGANESH

For Respondent: Ms. Jaya Choudhary, CIT(DR)
Hearing: 25.11.2024Pronounced: 02.12.2024

PER SATBEER SINGH GODARA, JM This assessee’s appeal for assessment year 2017-18, arises against the Principal Commissioner of Income Tax (Central), [in short, the “PCIT”], Meerut’s DIN & Order No. ITBA/COM/F/17/2023-24/1063761088(1), dated 31.03.2024, involving proceedings under section 263 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). AY: 2017-18

2.

Case called twice. None appears at the behest of the assessee. We accordingly proceeded ex-parte against him.

3.

Learned CIT(DR) vehemently argues during the course of hearing that the PCIT(Central), Kanpur at Meerut herein has rightly assumed his section 263 revision juri iction terming the Assessing Officer’s corresponding section 153C read with section 14

The order continues below.

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