GESTAMP AUTOMOTIVE INDIA PVT.LTD,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME TAX-3, PUNE
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 had made sufficient inquiry and the assessee had provided detailed explanations. The revisionary jurisdiction under Section 263 was not legally exercisable as none of the clauses under Explanation 2 were met.
What were the facts?
The Principal Commissioner of Income Tax invoked revisionary jurisdiction under Section 263, alleging the assessment order was erroneous and prejudicial to revenue due to lack of inquiry. The assessee argued that detailed explanations and documents regarding foreign exchange losses and other expenses were provided to the Assessing Officer.
What were the issues?
Whether the revisionary jurisdiction invoked by the Principal Commissioner under Section 263 was valid due to alleged lack of inquiry by the Assessing Officer.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide 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.
- Vedanta Ltd. v. CIT35 citing124 Taxmann.com 435 · 2021 · HC
- Spectra Shares and Scrips (P) Limited v. Commissioner of Income Tax28 citing36 Taxmann.com 348 · 2013 · HC · Read judgment
Income Tax Appellate Tribunal, “C” BENCH, PUNE
Before: SHRI R.S.SYAL, VP & SHRI PARTHA SARATHI CHAUDHURY, JM
आदेश की प्रधतधलधप अग्रेधषत / Copy of the Order forwarded to : अपीलाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2. 3. The Pr. CIT, Pune-3 धवभागीय प्रधतधनधध, आयकर अपीलीय अधधकरण, “सी” बेंच, 4. पुणे / DR, ITAT, “C” Bench, Pune. गार्ा फ़ाइल / Guard File. 5.
आदेशानुसार / BY ORDER, // True Copy // धनजी सधचव / Private Secretary आयकर अपीलीय अधधकरण, पुणे / ITAT, Pune.
Date 1 Draft dictated on 12.10.2021 Sr.PS/PS 2 Draft placed before author 18.10.2021 Sr.PS/PS 3 Draft proposed and placed JM/AM before the second Member 4 Draft discussed/approved by AM/JM second Member 5 Approved draft comes to the Sr.PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr.PS/PS 7 Date of uploading of order Sr.PS/PS 8 File sent to Bench Clerk Sr.PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order
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
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