Lic Mutual Fund Asset Management Limited, Mumbai vs. DCIT-1(2)(1), Mumbai
In the result, the appeal of the assessee is allowed for statistical purposes
ITA 4246/MUM/2025[2022-23]Status: DisposedITAT Mumbai19 Sept 2025AY 2022-23
Bench: Shri Vikram Singh Yadav & Shri Anikesh Banerjeeassessment Year : 2022-23 Lic Mutual Fund Asset Dcit-1(2)(1), Management Limited, Aayakar Bhavan, 4Th Floor, Industrial Assurance Vs. Maharshi Karve Road, Building, Mumbai-400020. Opp: Churchgate Station, Churchgate, Mumbai-400020. Pan : Aaacj1166H (Appellant) (Respondent) For Assessee : Shri Madhur Agrawal & Shri Ravikant Pathak For Revenue : Shri Rajesh Kumar Yadav, Cit-Dr Date Of Hearing : 15-09-2025 Date Of Pronouncement : 19-09-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Pr. Commissioner Of Income Tax, Mumbai-1, [„Ld.Pcit‟], Dated 07-03- 2025, U/S. 263 Of The Income Tax Act, 1961 („The Act‟), Pertaining To Assessment Year (Ay) 2022-23, Wherein The Assessee Has Taken The Following Grounds Of Appeal: “1.The Hon'Ble Principal Commissioner Of Income Tax, Mumbai-1 (Hereinafter Referred As Hon'Ble Pcit] Erred In Setting Aside The Assessment Order Passed U/S 143(3) Of The Income Tax Act, 1961 ("Act") & Passing The Revision Order U/S 263 Of The Act.
For Appellant: Shri Madhur Agrawal &For Respondent: Shri Rajesh Kumar Yadav, CIT-DR
Section 143(2)Section 143(3)Section 263
…ult in incorrect claim and the order so passed by the AO cannot be held as erroneous and prejudicial to the interest of the Revenue. 13. Further, reliance was placed on the decision of the Hon‟ble Delhi High Court in the case of CIT vs. Vikas Polymers [2012] 341 ITR 537 (Delhi), wherein it was held that the assessee must be called, his explanation sought and examined by the Commissioner and thereafter, if the Commissioner still feels that the order is erroneous and prejudicial to the interest of the Revenue, the Commissioner may pass revisionary orders and if, on the other hand, Commissioner is satisfied after h…