PRINCIPAL COMMISSIONER OF INCOME TAX-9,KOLKATA vs. PRAMOD KUMAR TEKRIWAL

PDF · subscribers
ITAT/92/2021HC CalcuttaWBCHCO001382202113 July 2022Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE BIVAS PATTANAYAK3 pages
AI SummaryDismissed

What did the High Court hold?

The tribunal held that the PCIT's assumption of jurisdiction under Section 263 was erroneous as it did not permit substituting one opinion for another. The tribunal also found that the assessee had provided all necessary details and no discrepancies were found, making the PCIT's revision unsustainable.

What were the facts?

The revenue appealed against an ITAT order that held the revisionary jurisdiction exercised by the Principal Commissioner of Income Tax (PCIT) under Section 263 was not in tune with the facts. The ITAT noted that the Assessing Officer had made an addition to the gross profit and later requested a review under Section 263.

What were the issues?

Whether the ITAT erred in holding that the revisionary jurisdiction exercised by the PCIT under Section 263 was not in tune with the facts and evidences on record? Whether the ITAT erred in holding that the Assessing Officer had taken one possible view out of two views, where only one view is possible as per Section 69C?

Which sections of the Income-tax Act were involved?

Section 263,Section 69C,Section 260A

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

OD-24 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE ITAT/92/2021 IA No.GA/2/2021 PRINCIPAL COMMISSIONER OF INCOME TAX-9, KOLKATA VS. PRAMOD KUMAR TEKRIWAL BEFORE : THE HON’BLE JUSTICE T.S. SIVAGNANAM And THE HON’BLE JUSTICE BIVAS PATTANAYAK Date : 13th July, 2022 Appearance : Ms. Smita Das De, Adv. ...for the appellant in item no.23. Mr. Prithu Dudharia, Adv …for the appellant in item no.22. Mr. S. Roy Chowdhury, Adv. …for the appellant in item no.24. Ms. Swapna Das, Mr. Siddhartha Das, Advs. ….for respondents. The Court : This appeal by the revenue filed under section 260A of the Income Tax Act, 1961 [the Act, for brevity] is directed against the common order passed by the Income Tax Appellate Tribunal, “B” Bench, Kolkata in ITA No.1136/Kol/2018 for the assessment year 2010-11. The revenue has raised the following substantial question of law for consideration. i) Whether on the facts and circumstances of the case and on law the Learned ITAT erred in holding that the revisionary jurisdiction exercised

2 u/s. 263 of the Income Tax Act, 1961 was not in tune with the facts and evidences on record ? ii) Whether on the facts and circumstances of the case and on law the Learned ITAT erred in holding that the Assessing Officer had taken one possible view out of two views, where only one view is possible as per section 69C of the Income Tax Act, 1961 ? We have heard the learned standing Counsel appearing for the appellants and the respondents. The short question involved in these appeals is whether the Principal Commissioner of Income Tax – 10, Kolkata [PCIT] could have exercised his powers under section 263 of the Act. In our considered view, the tribunal has elaborately examined this issue, taken note of the decision of the Hon’ble Supreme Court in Malabar Industrial Co. Ltd. vs. CIT [2000] 243 ITR 83 [SC] and allowed the appeal. Further, the tribunal has noted that the assessing officer had made an addition of 2% to the gross profit over and above the rate of gross profit of 4.63% totalling to 7.63%. It appears that after completing the assessment the assessing officer addressed the PCIT stating that certain error has occurred in the assessment order and requested him to review the order under section 263 of the Act. Whether such a procedure adopted by the PCIT was legally sustainable was examined by the tribunal and in our considered view after taking note of the various decisions of the Hon’ble Supreme Court it was rightly pointed out that section 263 of the Act does not permit substituting one opinion for another. That apart, the tribunal has specifically recorded a factual finding that the assessee had produced all necessary details of the purchase, sales, audited books of accounts, quantity details, etc.. Further,

3 the tribunal found that the assessee’s books of accounts were audited by the Chartered Accountant, the quantity details were given in respect of opening stock, purchase, sales, closing stock, etc. Furthermore, the tribunal pointed out that no discrepancy was found between the purchase shown by the assessee and the sales decline. Thus, on facts, the tribunal concluded that assumption of jurisdiction by the PCIT under section 263 of the Act was erroneous. In our considered view, there is no error in the order passed by the tribunal nor there is any perversity in its approach for us to interfere. We find that there is no question of law, much less substantial question of law arising in this appeal. Consequently, the appeals are dismissed. Consequently, all the connected applications are dismissed. (T.S. SIVAGNANAM, J.)

(BIVAS PATTANAYAK, J.) Pkd/SN.

More judgments on Section 263

All 13,616 judgments and leading authorities on Section 263 →

Recent GST High Court judgments

Search GST case law →