DINESH BHIKAMCHAND MEHTA,BELAGAVI vs. THE PR. COMMISSIONER OF INCOME TAX, HUBLI

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ITA 44/PAN/2022Status: DisposedITAT Panaji13 September 2023AY 2017-18Bench: SHRI R.S. SYAL (Vice President), SHRI S.S.VISWANETHRA RAVI (Judicial Member)3 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The tribunal held that it would be just and fair to set aside the impugned order. The matter was restored to the file of the Principal CIT for passing a fresh revisionary order after providing the assessee with an opportunity of hearing and considering their submissions.

What were the facts?

The assessee received a notice under section 263 of the Income-tax Act on March 15, 2022, with a deadline of March 21, 2022. The assessee filed online submissions on March 22, 2022, but the impugned order was passed on March 24, 2022, without considering these submissions.

What were the issues?

Whether the revisionary order passed under section 263 was valid when the assessee's submissions were not considered. The procedural fairness of the revisionary proceedings.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PANAJI BENCH, PANAJI

Before: SHRI R.S. SYAL & SHRI S.S.VISWANETHRA RAVI

For Appellant: Shri Satish Mehta
For Respondent: Shri P.S. Shivshankar

आदेश / ORDER

PER R.S.SYAL, VP :

1.

This appeal by the assessee arises out of the order dated 24-03-2022 passed by the Pr.CIT, Hubli u/s.263 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2017-18.

2.

We have heard both the sides and gone through the relevant material on record. Shorn off unnecessary details, it is seen that notice u/s.263 dated 14-03-2022 was served upon the assessee on 15-03-2022. The assessee was required to furnish written submissions by 21-03-2022. The assessee, in fact, made online submissions on 22-03-2022. However, the impugned order came to be passed on 24-03-2022 without taking into consideration the online submissions made by the assessee. Considering the facts in totality, we are of the considered opinion that it would be just and fair if the impugned order is set aside and the matter is restored to the file of ld. Pr.CIT for passing a revisionary order afresh as per law after allowing opportunity of hearing to the assessee. Needless to say, the assessee’s written submissions already filed or to be filed in the fresh proceedings may be taken into consideration before passing the order.

3.

In the result, the appeal is allowed for statistical purposes.

Order pronounced in the Open Court on 13th September, 2023.

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