Rajesh Falor, Durgapur vs. PCIT-, Asansol
In the result, appeal of the assessee is allowed
ITA 247/KOL/2022[2017-18]Status: DisposedITAT Kolkata31 Oct 2022AY 2017-18
Bench: Shri Sanjay Garg, Hon’Ble & Shri Manish Borad, Hon’Blei.T.A. No. 247/Kol/2022 Assessment Year: 2017-18 Rajesh Falor Pcit, Asansol Armstrong Avenue Vs Flat – 4, Armstrong Apartment Bidhannagar Durgapur - 713212 Pan : Aacpf9864D अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Swapnil Megotia, C.A. Revenue By : Shri Vijay Kumar, Addl. Cit सुनवाई क" तारीख/Date Of Hearing : 29/09/2022 घोषणा क" तारीख/Date Of Pronouncement : 31/10/2022 आदेश/O R D E R Per Shri Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Pricipal Commissioner Of Income Tax - Asansol (Hereinafter The “Ld. Pr. Cit”) Dt. 12/03/2022, Passed U/S 263 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2017-18. 2. There Is A Delay Of 41 Days In Filing Of This Appeal By The Assessee. The Assessee Has Filed A Condonation Petition. We Have Heard Both The Sides & Find That There Is Reasonable Cause For Delay In Filing Of The Appeal On Time. Hence We Condone The Delay & Admit The Appeal For Hearing. 3. Through The Grounds, The Assessee Has Challenged The Assumption Of Jurisdiction U/S 263 Of The Act By The Ld. Pr. Cit. 4. Brief Facts Of The Case Are That The Assessee Is An Individual & E-Filed Its Return Of Income On 30/10/2019 Declaring Total Income Of Rs.51,46,010/- For Assessment Year 2017-18. This Return Was Revised On 10/11/2019 Declaring Income At Rs.19,54,740/-. Subsequently The Case Was Selected For Scrutiny & Assessment Was Completed On 30/12/2019 Assessing Total Income At Rs.64,17,117/-
For Appellant: Shri Swapnil Megotia, C.AFor Respondent: Shri Vijay Kumar, Addl. CIT
Section 263
…that on this principle issue, the order of the Assessing Officer is neither erroneous nor prejudicial to the interest of the revenue and our view is further supported by the decision of the Hon’ble Delhi High Court in the case of CIT vs. Ashish Rajpal [2009] 320 ITR 674 (Delhi)(HC) wherein the Hon’ble Court has held "Where the assessing officer during the scrutiny assessment proceeding raised a query which was answered by the assessee to the satisfaction of the assessing officer but the same was not reflected in the assessment order by him, a conclusion cannot be drawn by the Commissioner that no proper enquiry…
