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Facts
The assessee's appeal for assessment year 2017-18 arose against the PCIT's order directing revision proceedings under section 263 of the Income-tax Act. The PCIT considered the assessment order passed by the assessing officer as erroneous. The case involved a requisition under section 132A of the Act.
Held
The Tribunal held that the assessment was framed under section 147 of the Act instead of the applicable provision for requisition, which is section 153A of the Act. Since the assessment was framed under a wrong provision, it was considered non-est.
Key Issues
Whether the assessment framed under section 147 was valid when the case involved a requisition under section 132A and the appropriate section should have been 153A.
Sections Cited
263, 132A, 147, 153A
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Income Tax Appellate Tribunal, AGRA BENCH, AGRA
Before: SHRI SATBEER SINGH GODARA & SHRI MANOJ KUMAR AGGARWAL
ORDER
Per Satbeer Singh Godara, Judicial Member:
This assessee’s appeal for assessment year 2017-18, arises against the Pr. Commissioner of Income Tax (in short “PCIT), Gwalior’s order dated 14.03.2022 in Appeal No. F.No. Pr. CIT/Gwl/263/2021-22, involving proceedings under section 263 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Heard both the parties. Case file perused.
It emerges during the course of hearing with the able assistance of both the parties that the learned PCIT’s revision directions have termed the assessment order herein dated 31.12.2019 passed by the assessing officer as an erroneous one causing prejudice to the interest of revenue.
Suffice to say, we find that the instant case involves a requisition u/s. 132A of the Act dated 29.01.2017, wherein the learned Assessing Officer framed his assessment in question u/s. 147 of the Act than that under the relevant specific provision applicable in case of search or requisition u/s 132A , i.e. sec. 153A of the Act. We thus conclude that once an assessment herein has been framed under a wrong provision, the same is a non-est one as per sublato fundamento cadit non opus”.
We thus quash learned PCIT’s revision directions in very terms. Ordered accordingly.
5. All other pleadings on merits stand rendered academic.
This assessee’s appeal is allowed. Order pronounced in the open court on11THFebruary, 2025.