FATTESING PUNAJI DHABRE,NAGPUR vs. PRINCIPAL COMMISSIONER INCOME TAX – 2, NAGPUR

ITA 368/NAG/2022Status: DisposedITAT Nagpur24 February 2026AY 2011-12Bench: SHRI PAWAN SINGH (Judicial Member), SHRI KHETTRA MOHAN ROY (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal held that the revisionary proceedings under section 263 were initiated based on an audit objection and a proposal from the AO, not on the independent application of mind by the PCIT. The Tribunal also found that the AO had made reasonable inquiries and taken a plausible view on merits.

What were the facts?

The assessee did not file an income tax return for AY 2011-12. Upon receiving information about property sale and cash deposits, the AO initiated reassessment proceedings. The assessee filed a return, claimed exemption under section 54B, and the AO accepted it. The PCIT revised the assessment order under section 263.

What were the issues?

Whether the PCIT was justified in invoking revisionary jurisdiction under section 263 based on an audit objection and proposal from the AO, and whether the original assessment order was erroneous and prejudicial to the revenue.

Which sections of the Income-tax Act were involved?

Section 263,Section 54B,Section 147,Section 143(3),Section 148,Section 142(1),Section 50C

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IN THE INCOME TAX APPELLATE TRIBUNAL “NAGPUR” BENCH, NAGPUR BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER & SHRI KHETTRA MOHAN ROY, ACCOUNTANT MEMBER (Physical hearing) Fattesing Punaji Dhabre PCIT – 2, Nagpur Nagpur, Maharashtra – 440001. Maharashtra – 440009. [PAN: BACPD6505Q] Appellant / Assessee Respondent / Revenue Assessee by Shri Madhav Vichare, CA Revenue by Shri Pankaj Kumar, CIT–DR Date of hearing 17.02.2026 Date of pronouncement 24.02.2026 Order under section 254(1) of Income Tax Act

PER PAWAN SINGH, JUDICIAL MEMBER:

1.

This appeal by the assessee is directed against the order of learned Principal Commissioner of Income Tax (in short, the “ld. PCIT") – 2, Nagpur dated 30/03/2021 for the Assessment Year (AY) 2011-12. The assessee has raised following grounds of appeal:

“1. Whether on the facts and circumstances of the case, the learned Principal CIT was justified in invoking explanation 2 to section 263 of the Income-tax Act for the period prior to AY 2015-16. 2. Whether on the facts and circumstances of the case, the learned Principal CIT was justified in invoking revisionary juri iction under

The order continues below.

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