BHUPINDER SINGH SON OF SH. GURMUKH SINGH ,PUNJAB vs. THE PR COMMISSIONER OF INCOME TAX CHANDIGARH-1, C.R BUILDING HIMALAYA MARG, SECTOR 17-E, CHANDIGARH, PUNJAB

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ITA 825/CHANDI/2023Status: DisposedITAT Chandigarh21 November 2024AY 2012-2013Bench: SHRI. KRINWANT SAHAY (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)27 pages
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What did the Tribunal hold?

The tribunal held that the original assessment order passed by the Assessing Officer was not erroneous or prejudicial to the interest of the revenue. It found that the Assessing Officer had followed due process and conducted reasonable inquiries, and the Principal CIT had erred in law by expecting further verification in the context of rural agricultural practices.

What were the facts?

The assessee, an agriculturist, was aggrieved by an order passed by the Principal CIT under section 263, which held the original assessment order as erroneous and prejudicial to the revenue. The appeal was filed with a significant delay, which the tribunal condoned due to the assessee's age and health issues, and the non-receipt of notices.

What were the issues?

Whether the Principal CIT was justified in revising the assessment order under Section 263, and whether the original assessment order was erroneous and prejudicial to the interest of the revenue.

Which sections of the Income-tax Act were involved?

Section 263,Section 147,Section 148,Section 143(3)

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17.

In view of aforesaid appeal of the assessee is allowed.

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