SH. SURINDER MAHENDRU,LUDHIANA vs. PR. CIT-1, LUDHIANA
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the Assessing Officer's inquiries were sufficient, as the assessee had provided all necessary details and the overall financial results were positive. Therefore, the Pr. CIT's action under Section 263 was not justified.
What were the facts?
The Principal CIT invoked Section 263, deeming the Assessing Officer's assessment order erroneous and prejudicial to revenue due to alleged insufficient inquiries into major expenses, stock valuation, and creditor genuineness. The assessee argued that adequate information was provided during the original assessment.
What were the issues?
Whether the Principal CIT correctly invoked Section 263 by deeming the Assessing Officer's assessment order erroneous and prejudicial to revenue due to alleged inadequate inquiries. Whether the Assessing Officer conducted sufficient inquiries during the original assessment.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DIVISION BENCH ‘B’, CHANDIGARH
Before: MS.DIVA SINGH & MS.ANNAPURNA GUPTA
per the Pr. CIT there was no apparent anomaly in the same
but could have revealed something if delved into deeper. So
also vis-a-vis stock and creditors with respect to which
satisfactory replies were filed by the assessee and we note
that it was also pointed out to the Pr.CIT that stock
valuation had been examined and confirmations of some
creditors filed in succeeding years assessment proceedings,
which fact has been acknowledged by the Ld.Pr.CIT also.
The fact that all creditors were old and reputed parties and
that the assessee was an excisable unit maintaining all
records of goods produced and consumed was also
submitted to the Pr.CIT. Why then should the Assessing
Officer be inquiring further about stock statements
submitted to bank or reports of audit of excise records is
beyond our understanding. Simply because in the view of
the Ld. Pr.CIT certain other aspects also needed to be
looked into, which could have brought to light certain
discrepancies, does not make Assessing Officer’s enquiry
inadequate. If the enquiry conducted during assessment
and the details are sufficient enough to lead an ordinary
man to be satisfied with the correctness of the claim of the
assessee and there is nothing suspicious or out of place in
the details or submissions to prompt further enquiry into
the issue, we see no reason why the Assessing Officer
should have enquired further on the issues. After all the
exercise of assessment envisaged in the Act is logically for
the satisfaction vis-a-vis the correctness of the incomes
returned to tax and consequently various claims made by
assessees. There cannot logically be any mandate ,nor has
the same been shown to us, requiring 100% checking of all
aspects during assessments. The same is not humanly
possible. The exercise done by the Assessing Officer in the
present case by broadly examining the results of the
assessee and being sufficiently satisfied with the same ,we
see no reason why the Assessing Officer should have gone
into the specifics and delved and inquired deeper into other
issues. At this rate the exercise of assessments becomes a
never ending one and all assessments would be held
erroneous since it is humanly not possible to make 100%
enquiry on all issues in assessment proceedings.
In view of the above, we hold that the present is not a
case of insufficiency of enquiry conducted by the Assessing
Officer and, therefore, the order cannot be said to be
erroneous so as to cause prejudice to the Revenue.
The action of the Ld. Pr.CIT u/s 263 of the Act is,
therefore, set aside.
In the result, the appeal of the assessee is, therefore, allowed. Order pronounced in the Open Court. Sd/- Sd/- (DIVA SINGH) (ANNAPURNA GUPTA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated : 20th April, 2018 *Rati* Copy to: 1. The Appellant 2. The Respondent 3. The CIT(pA) 4. The CIT 5. The DR Assistant Registrar, ITAT, Chandigarh
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
Recent GST High Court judgments
Search GST case law →- Sutlej Textiles And Industries Limited vs. Union Of INDIARajasthan · 26 Oct 2026
- M/S. Ut Corp vs. Union Of INDIARajasthan · 26 Oct 2026
- Sunrise Engineering vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026
- M/S Kalra Traders vs. Union Of INDIAUttarakhand · 26 Oct 2026
- Ms Isoft vs. The Commissioner State TaxUttarakhand · 26 Oct 2026