KIRAN BALA,FARIDABAD vs. PR, CIT, FARIDABAD
What did the Tribunal hold?
The Tribunal upheld the PCIT's order, noting that the assessee failed to appear or present evidence to counter the PCIT's findings. The Tribunal agreed that the PCIT had made specific inquiries into the unsupported deposits, unlike the Assessing Officer, concluding there was no error in the PCIT's findings.
What were the facts?
The assessee appealed against a Section 263 order by the PCIT, which found the original assessment order (under Section 143/147) erroneous and prejudicial to the revenue. The original assessment was reopened after a bank deposit of Rs.10,70,000/-, for which the assessee claimed funds from her husband's property sale or her own sources, but the Assessing Officer failed to conduct proper inquiries.
What were the issues?
Whether the PCIT's revisionary order under Section 263, deeming the assessment order erroneous and prejudicial to the revenue due to the AO's failure to inquire into bank deposits, was justified.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘C’: NEW DELHI
ORDER PER ANUBHAV SHARMA, JM: This appeal is filed by the assessee against the order u/s 263 of the Income Tax Act [hereinafter referred to as ‘the Act’] dated 10/03/2021 passed by Learned Principal Commissioner of Income Tax, Faridabad [hereinafter referred to as ‘the Revisionary Authority] in regard to assessment order dated 26/11/2018 u/s Kiran Bala vs. PCIT 143/147 passed by Income Tax Officer, Ward No.1(4), Faridabad [hereinafter referred as ‘the AO].
At the time of hearing, none has appeared for the assessee and the record shows that notices have been repeatedly issued by postal means and also by email. On the RPAD, the acknowledgement is returned even endorsement that, there is ‘no such person’. Thus, further opportunities for service are not justified and arguments of Ld. DR were heard who supported the findings of the Ld. PCIT.
On appreciating the record, it comes up that the assessment order was passed accepting the returned income without there being any discussion of the issues, at all though the case of the assessee was reopened u/s 147 of the Act as assessee had deposited Rs.10,70,000/- in the bank account. The Ld. PCIT having perused the assessment record was of the view that at the time of assessment proceedings, the assessee had claimed that deposits were her husband’s money received from sale proceeds of immovable property, but the AO had failed to make enquiries in that regard. During the revision proceedings also, the assessee had Kiran Bala vs. PCIT claimed that she herself has sources of income, however, the Ld. PCIT has examined the bank accounts of the assessee and cash flow statement and found that the deposits were not supported by documentary evidences and, accordingly, found the assessment order to be erroneous and prejudice to the interest of Revenue. As before us, the assessee has failed to appear and bring on record anything contrary on facts from law, we are of the considered view that the discussion made by the Ld. PCIT in para 3.1 of the order of shows that the PCIT had made specific enquiries on the basis of record before him and that same time the order of Assessing Officer is silent. There is no error in the findings of the Ld. PCIT. The grounds raised in the appeal having no substance the assessee is dismissed.
In the result, the appeal filed by the assessee is dismissed.
Order pronounced in the open court on 19th March, 2024.
More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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