ITO v. D.G. Housing Projects Ltd.

343 ITR 329High Court2012#164 most cited

What is ITO v. D.G. Housing Projects Ltd. authority for?

For exercising revisional jurisdiction under Section 263, the Commissioner must first find that the Assessing Officer's order is erroneous and unsustainable in law, as this is a condition precedent. An order is not erroneous merely because two views are possible, or if the Commissioner disagrees with the Assessing Officer's permissible view, or to simply remit the matter for further enquiries.

438

judgments rely on this decision, according to BharatTax’s citation analysis of 367,368 Indian tax judgments — from 2013 to 2026.

Also referred to as

ITO v. D.G. Housing Projects Ltd. · Section 263 · revisional jurisdiction · erroneous assessment order · prejudicial to revenue · condition precedent · inadequate enquiry · lack of enquiry · two views possible · AO's view unsustainable in law · Commissioner cannot remit

Also reported as

20 Taxmann.com 557

Sections most often in play

Section 263Section 143(3)Section 142(1)Section 148Section 56(2)(viii)Section 57(iv)Section 144BSection 10(37)

Issues it is cited on

inadequate enquirysection 145a(b)section 145black of enquirysection 45(5)section 57(iv)section 56(2)(viii)section 263(1)section 10(37)assessment order erroneousmalabar industrialrevision u/s 263

Judgments citing ITO v. D.G. Housing Projects Ltd.

Rakesh Kumar, Jagadhri vs. The Principal Commissioner of Income Tax, Panchkula

In the result, all the above appeals filed by the respective assessee’s are dismissed

ITA 456/CHANDI/2024[2015-16 ]Status: DisposedITAT Chandigarh11 Feb 2026

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

For Appellant: Shri Parikshit Aggarwal, C.A (Virtual)For Respondent: Shri Manav Bansal, CIT, DR

…Ghanshyam (HUF) reported in (2009) 8 SCC 412, CIT Vs. Chet Ram (HUF) [Civil Appeal No.13053/2017 [@ SLP (C) No.751/2009, CIT vs. Vegetable Products Ltd. [(1972) 88 ITR 192 (SC), CIT vs. Sunbeam Auto Ltd. 332 ITR 167 (Del), and ITO vs. DG Housing Projects Ltd. 343 ITR 329 (Del). 9. The Ld. Pr. CIT considered the assessee's submissions but did not find merit in them. He held that by virtue of Finance Act, 2009, specific provisions were introduced in sections 145B(1), 56(2)(viii) and 57(iv) with effect from A.Y. 2011-12, which clearly mandate that interest received on compensation or enhanced compensation shall be…

Ashok Kumar Thakral, Jagadhri vs. Principal Commissioner of Income Tax, Panchkula

In the result, all the above appeals filed by the respective assessee’s are dismissed

ITA 455/CHANDI/2024[2015-16]Status: DisposedITAT Chandigarh11 Feb 2026AY 2015-16

Bench: the Tribunal as pointed out by the Registry. Considering that the issue involved is purely legal in nature, and respectfully following the ratio laid down by the Hon'ble Supreme Court in Collector, Land Acquisition v. Mst. Katiji & Others [(1987) 167 ITR 471 (SC)], which emphasizes that substantial justice should prevail over technical considerations, we condone the delay in filing these appeals.3. We shall take appeal of the assessee in ITA No. 167/Chd/2023 for A.Y 2018-19 as a lead case f

For Appellant: Shri Parikshit Aggarwal, C.A (Virtual)For Respondent: Shri Manav Bansal, CIT, DR

…Ghanshyam (HUF) reported in (2009) 8 SCC 412, CIT Vs. Chet Ram (HUF) [Civil Appeal No.13053/2017 [@ SLP (C) No.751/2009, CIT vs. Vegetable Products Ltd. [(1972) 88 ITR 192 (SC), CIT vs. Sunbeam Auto Ltd. 332 ITR 167 (Del), and ITO vs. DG Housing Projects Ltd. 343 ITR 329 (Del). 9. The Ld. Pr. CIT considered the assessee's submissions but did not find merit in them. He held that by virtue of Finance Act, 2009, specific provisions were introduced in sections 145B(1), 56(2)(viii) and 57(iv) with effect from A.Y. 2011-12, which clearly mandate that interest received on compensation or enhanced compensation shall be…

Kartar Singh, Fatehabad vs. Pr. Commissioner of Income Tax, Rohtak

In the result, all the above appeals filed by the respective assessee’s are dismissed

ITA 335/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh11 Feb 2026AY 2018-19

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

For Appellant: Shri Parikshit Aggarwal, C.A (Virtual)For Respondent: Shri Manav Bansal, CIT, DR

…Ghanshyam (HUF) reported in (2009) 8 SCC 412, CIT Vs. Chet Ram (HUF) [Civil Appeal No.13053/2017 [@ SLP (C) No.751/2009, CIT vs. Vegetable Products Ltd. [(1972) 88 ITR 192 (SC), CIT vs. Sunbeam Auto Ltd. 332 ITR 167 (Del), and ITO vs. DG Housing Projects Ltd. 343 ITR 329 (Del). 9. The Ld. Pr. CIT considered the assessee's submissions but did not find merit in them. He held that by virtue of Finance Act, 2009, specific provisions were introduced in sections 145B(1), 56(2)(viii) and 57(iv) with effect from A.Y. 2011-12, which clearly mandate that interest received on compensation or enhanced compensation shall be…

Sh. Ram Lal, Fatehabad vs. Pr.CIT, Rohtak

In the result, all the above appeals filed by the respective assessee’s are dismissed

ITA 332/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh11 Feb 2026AY 2018-19

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

For Appellant: Shri Parikshit Aggarwal, C.A (Virtual)For Respondent: Shri Manav Bansal, CIT, DR

…Ghanshyam (HUF) reported in (2009) 8 SCC 412, CIT Vs. Chet Ram (HUF) [Civil Appeal No.13053/2017 [@ SLP (C) No.751/2009, CIT vs. Vegetable Products Ltd. [(1972) 88 ITR 192 (SC), CIT vs. Sunbeam Auto Ltd. 332 ITR 167 (Del), and ITO vs. DG Housing Projects Ltd. 343 ITR 329 (Del). 9. The Ld. Pr. CIT considered the assessee's submissions but did not find merit in them. He held that by virtue of Finance Act, 2009, specific provisions were introduced in sections 145B(1), 56(2)(viii) and 57(iv) with effect from A.Y. 2011-12, which clearly mandate that interest received on compensation or enhanced compensation shall be…

Bimla Devi, Jagadhri vs. Pr.CIT, Rohtak

In the result, all the above appeals filed by the respective assessee’s are dismissed

ITA 328/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh11 Feb 2026AY 2018-19

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

For Appellant: Shri Parikshit Aggarwal, C.A (Virtual)For Respondent: Shri Manav Bansal, CIT, DR

…Ghanshyam (HUF) reported in (2009) 8 SCC 412, CIT Vs. Chet Ram (HUF) [Civil Appeal No.13053/2017 [@ SLP (C) No.751/2009, CIT vs. Vegetable Products Ltd. [(1972) 88 ITR 192 (SC), CIT vs. Sunbeam Auto Ltd. 332 ITR 167 (Del), and ITO vs. DG Housing Projects Ltd. 343 ITR 329 (Del). 9. The Ld. Pr. CIT considered the assessee's submissions but did not find merit in them. He held that by virtue of Finance Act, 2009, specific provisions were introduced in sections 145B(1), 56(2)(viii) and 57(iv) with effect from A.Y. 2011-12, which clearly mandate that interest received on compensation or enhanced compensation shall be…

Paramjit Singh, Sirsa vs. Pr.CIT, Rohtak

In the result, all the above appeals filed by the respective assessee’s are dismissed

ITA 327/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh11 Feb 2026AY 2018-19

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

For Appellant: Shri Parikshit Aggarwal, C.A (Virtual)For Respondent: Shri Manav Bansal, CIT, DR

…Ghanshyam (HUF) reported in (2009) 8 SCC 412, CIT Vs. Chet Ram (HUF) [Civil Appeal No.13053/2017 [@ SLP (C) No.751/2009, CIT vs. Vegetable Products Ltd. [(1972) 88 ITR 192 (SC), CIT vs. Sunbeam Auto Ltd. 332 ITR 167 (Del), and ITO vs. DG Housing Projects Ltd. 343 ITR 329 (Del). 9. The Ld. Pr. CIT considered the assessee's submissions but did not find merit in them. He held that by virtue of Finance Act, 2009, specific provisions were introduced in sections 145B(1), 56(2)(viii) and 57(iv) with effect from A.Y. 2011-12, which clearly mandate that interest received on compensation or enhanced compensation shall be…

Inder Kaur, Sirsa vs. Pr.CIT, Rohtak

In the result, all the above appeals filed by the respective assessee’s are dismissed

ITA 326/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh11 Feb 2026AY 2018-19

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

For Appellant: Shri Parikshit Aggarwal, C.A (Virtual)For Respondent: Shri Manav Bansal, CIT, DR

…Ghanshyam (HUF) reported in (2009) 8 SCC 412, CIT Vs. Chet Ram (HUF) [Civil Appeal No.13053/2017 [@ SLP (C) No.751/2009, CIT vs. Vegetable Products Ltd. [(1972) 88 ITR 192 (SC), CIT vs. Sunbeam Auto Ltd. 332 ITR 167 (Del), and ITO vs. DG Housing Projects Ltd. 343 ITR 329 (Del). 9. The Ld. Pr. CIT considered the assessee's submissions but did not find merit in them. He held that by virtue of Finance Act, 2009, specific provisions were introduced in sections 145B(1), 56(2)(viii) and 57(iv) with effect from A.Y. 2011-12, which clearly mandate that interest received on compensation or enhanced compensation shall be…

Sh. Amarjeet Singh, Sirsa vs. Pr.CIT, Rohtak

In the result, all the above appeals filed by the respective assessee’s are dismissed

ITA 325/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh11 Feb 2026AY 2018-19

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

For Appellant: Shri Parikshit Aggarwal, C.A (Virtual)For Respondent: Shri Manav Bansal, CIT, DR

…Ghanshyam (HUF) reported in (2009) 8 SCC 412, CIT Vs. Chet Ram (HUF) [Civil Appeal No.13053/2017 [@ SLP (C) No.751/2009, CIT vs. Vegetable Products Ltd. [(1972) 88 ITR 192 (SC), CIT vs. Sunbeam Auto Ltd. 332 ITR 167 (Del), and ITO vs. DG Housing Projects Ltd. 343 ITR 329 (Del). 9. The Ld. Pr. CIT considered the assessee's submissions but did not find merit in them. He held that by virtue of Finance Act, 2009, specific provisions were introduced in sections 145B(1), 56(2)(viii) and 57(iv) with effect from A.Y. 2011-12, which clearly mandate that interest received on compensation or enhanced compensation shall be…

Sh. Gurdeep Singh Mahal, Sirsa vs. Pr.CIT, Rohtak

In the result, all the above appeals filed by the respective assessee’s are dismissed

ITA 233/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh11 Feb 2026AY 2018-19

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

For Appellant: Shri Parikshit Aggarwal, C.A (Virtual)For Respondent: Shri Manav Bansal, CIT, DR

…Ghanshyam (HUF) reported in (2009) 8 SCC 412, CIT Vs. Chet Ram (HUF) [Civil Appeal No.13053/2017 [@ SLP (C) No.751/2009, CIT vs. Vegetable Products Ltd. [(1972) 88 ITR 192 (SC), CIT vs. Sunbeam Auto Ltd. 332 ITR 167 (Del), and ITO vs. DG Housing Projects Ltd. 343 ITR 329 (Del). 9. The Ld. Pr. CIT considered the assessee's submissions but did not find merit in them. He held that by virtue of Finance Act, 2009, specific provisions were introduced in sections 145B(1), 56(2)(viii) and 57(iv) with effect from A.Y. 2011-12, which clearly mandate that interest received on compensation or enhanced compensation shall be…

Sh. Devender Kumar, Yamuna Nagar vs. ITO, Ward -1, Yamuna Nagar

In the result, all the above appeals filed by the respective assessee’s are dismissed

ITA 192/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh11 Feb 2026AY 2018-19

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

For Appellant: Shri Parikshit Aggarwal, C.A (Virtual)For Respondent: Shri Manav Bansal, CIT, DR

…Ghanshyam (HUF) reported in (2009) 8 SCC 412, CIT Vs. Chet Ram (HUF) [Civil Appeal No.13053/2017 [@ SLP (C) No.751/2009, CIT vs. Vegetable Products Ltd. [(1972) 88 ITR 192 (SC), CIT vs. Sunbeam Auto Ltd. 332 ITR 167 (Del), and ITO vs. DG Housing Projects Ltd. 343 ITR 329 (Del). 9. The Ld. Pr. CIT considered the assessee's submissions but did not find merit in them. He held that by virtue of Finance Act, 2009, specific provisions were introduced in sections 145B(1), 56(2)(viii) and 57(iv) with effect from A.Y. 2011-12, which clearly mandate that interest received on compensation or enhanced compensation shall be…

Sh. Baljinder Singh, Chandigarh vs. Pr.CIT, Chandigarh -1, Chandigarh

In the result, all the above appeals filed by the respective assessee’s are dismissed

ITA 167/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh11 Feb 2026AY 2018-19

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

For Appellant: Shri Parikshit Aggarwal, C.A (Virtual)For Respondent: Shri Manav Bansal, CIT, DR

…Ghanshyam (HUF) reported in (2009) 8 SCC 412, CIT Vs. Chet Ram (HUF) [Civil Appeal No.13053/2017 [@ SLP (C) No.751/2009, CIT vs. Vegetable Products Ltd. [(1972) 88 ITR 192 (SC), CIT vs. Sunbeam Auto Ltd. 332 ITR 167 (Del), and ITO vs. DG Housing Projects Ltd. 343 ITR 329 (Del). 9. The Ld. Pr. CIT considered the assessee's submissions but did not find merit in them. He held that by virtue of Finance Act, 2009, specific provisions were introduced in sections 145B(1), 56(2)(viii) and 57(iv) with effect from A.Y. 2011-12, which clearly mandate that interest received on compensation or enhanced compensation shall be…

Ambuja Cements Limited, Mumbai vs. PCIT, Mumbai-3, Mumbai

ITA 3474/MUM/2025[2019-20]Status: DisposedITAT Mumbai05 Feb 2026AY 2019-20

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

For Appellant: Shri Sourabh Soparkar, AR (virtually appear)For Respondent: Shri Rajesh Kumar Yadav, (CIT-DR)
Section 143(3)Section 14ASection 263

…ITR 83 (SC) and Page | 18 ITA No. 3474/Mum/2025 A.Y. 2019-20 Ambuja Cements Limited, Mumbai decisions of Delhi High Court in Nabha Investments Private Limited versus Union of India, (2000) 246 ITR 41 (Delhi) and ITO versus DG Housing Projects Limited, (2012) 343 ITR 329 (Delhi). It has been observed in Nagesh Knitwears Private Limited (supra): "10. Section 263 has been enacted to empower the CIT to exercise power of revision and revise any order passed by the Assessing Officer, if two cumulative conditions are satisfied. Firstly, the order sought to be revised should be erroneous and secondly, it should be preju…

Property Plus Realtors, Delhi vs. Pr, CIT Central Delhi 2, Delhi

In the result, appeal of the assessee is allowed

ITA 3406/DEL/2025[2020-21]Status: DisposedITAT Delhi21 Jan 2026AY 2020-21

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal

Section 132Section 143(2)Section 143(3)Section 145(3)Section 263

…iel India LTD. (1993) 203 ITR 108 (Bom), it was held that the CIT while passing order u/s 263 must demonstrate a specific error in the assessment order. A roving direction given to the Ld.AO is not permissible. 20. In ITO vs. D.G. Housing Projects Ltd. (2012) 343 ITR 329 (Del), it was laid down that the CIT must conduct/record her independent verification. Mere disagreement with the LD.AO is not enough to invoke jurisdiction u/s 263. Conclusion basis Ground 1 & 4. In view of the above facts and legal position, the AO's acceptance of commission was a legally tenable, evidence-based view. The Ld. PCIT during the pr…

Worldview Education Services Private Lmited, Hyderabad vs. ITO., Ward-17(1), Hyderabad

In the result, appeal of the Assessee is allowed

ITA 1056/HYD/2025[2021-22]Status: DisposedITAT Hyderabad19 Dec 2025AY 2021-22

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita No.1056/Hyd/2025 Assessment Year 2021-2022 Worldview Education Services Private Limited, The Income Tax Officer, Vs. Hyderabad – 500 016. Ward-17(1), Telangana. Hyderabad. Pan Aaacw9480F (Appellant) (Respondent) िनधा"रती "ारा /Assessee By: Ca C. Maheshwar Reddy राज" व "ारा /Revenue By: G Saratha, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 27.11.2025 घोषणा की तारीख/Pronouncement: 19.12.2025 आदेश/Order

For Appellant: CA C. Maheshwar ReddyFor Respondent: G Saratha, Sr. AR
Section 143(3)Section 263Section 37

…rect facts, but, simply set-aside the assessment order to the file of the Assessing Officer for re-examination of the issue which is not permissible. The Hon’ble Delhi High Court in the case of 22 ITA.No.1056/Hyd./2025 ITO vs. DG Housing Project Ltd., [2012] 343 ITR 329 (Del.) held that in the cases of wrong opinion/view taken by the Assessing Officer while giving the findings on merits, the Commissioner has to come to the conclusion and himself decide that the order is erroneous by conducting necessary enquiry if requires before the order u/sec.263 of the Act is passed. Therefore, under the provisions of sec.26…

Subhash Jaiswal Associates, Bareilly vs. PCIT Bareilly, Bareilly

ITA 100/LKW/2022[2017-18]Status: DisposedITAT Lucknow11 Dec 2025AY 2017-18

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

For Appellant: Respondent by
Section 143(3)Section 263

…n 263 of the Act, merely because he has a different opinion in the matter. It is only in cases of "lack of inquiry" that such a course of action would be open. Income Tax Officer v. Dg. Housing Projects Ltd. ITA No.179/2011 HC of Delhi - Dt. of order 1.3.2012 343 ITR 329(Delhi) In the present case, the findings recorded not gone into and has not given any by the Tribunal are correct as the CIT has reason for observing that the order passed by the Assessing Officer was erroneous. The finding recorded by the CIT is that "order passed by the Assessing Office may be erroneous". The CIT had doubts about the valuation…

ACIT, CC, Agra vs. Hma Agro Industries Limited, Agra

In the result, ground no.1 raised by the Revenue is accordingly dismissed

ITA 303/AGR/2025[2023-24]Status: DisposedITAT Agra04 Dec 2025AY 2023-24

Bench: Shris.Rifaur Rahman & Shri Sunil Kumar Singhhma Agro Industries Limited, Vs. Dcit, Central Circle, 2/220, 2Nd Floor, Glory Plaza, Agra. Opp. Soor Sadan, M.G. Road, Agra – 282 002. (Pan :Aacch0450J)

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Arun Kumar Yadav, CIT DR
Section 143(3)Section 147Section 148Section 263Section 40ASection 68

…en taken by the AO after making proper enquiry and, thus, the Tribunal was justified in setting aside the impugned assessment order. iv). Reliance is being placed on the judgment of Hon’ble Delhi High Court in the case of ITO Vs G.Housing Project, reported in 343 ITR 329, in which it has been held that if requisite enquiries had been made by the AO, during assessment proceedings, and taken a view then the PCIT cannot sit over such order of AO and cancel the same. v). Exotic Relators and Developers vs. PCIT as reported in (2024) 71 CCH 0299 Chd-Trib. 12 ITA No.251/Agr/2025 and 4 ors. “AO having issued successive…

ACIT, CC, Agra vs. Hma Agro Industries Limited, Agra

ITA 302/AGR/2025[2022-23]Status: DisposedITAT Agra04 Dec 2025AY 2022-23
Section 131Section 143(3)Section 147Section 148Section 263Section 40ASection 68

…en taken by the AO after making proper enquiry and, thus, the Tribunal was justified in setting aside the impugned assessment order. iv). Reliance is being placed on the judgment of Hon'ble Delhi High Court in the case of ITO Vs G.Housing Project, reported in 343 ITR 329, in which it has been held that if requisite enquiries had been made by the AO, during assessment proceedings, and taken a view then the PCIT cannot sit over such order of AO and cancel the same. v). Exotic Relators and Developers vs. PCIT as reported in (2024) 71 CCH 0299 Chd-Trib. "AO having issued successive notices under ss. 142(1) and 143(2)…

ACIT, CC, Agra vs. Hma Agro Industries Limited, Agra

In the result, ground no.1 raised by the Revenue is accordingly dismissed

ITA 301/AGR/2025[2021-22]Status: DisposedITAT Agra04 Dec 2025AY 2021-22

Bench: Shris.Rifaur Rahman & Shri Sunil Kumar Singhhma Agro Industries Limited, Vs. Dcit, Central Circle, 2/220, 2Nd Floor, Glory Plaza, Agra. Opp. Soor Sadan, M.G. Road, Agra – 282 002. (Pan :Aacch0450J)

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Arun Kumar Yadav, CIT DR
Section 143(3)Section 147Section 148Section 263Section 40ASection 68

…en taken by the AO after making proper enquiry and, thus, the Tribunal was justified in setting aside the impugned assessment order. iv). Reliance is being placed on the judgment of Hon’ble Delhi High Court in the case of ITO Vs G.Housing Project, reported in 343 ITR 329, in which it has been held that if requisite enquiries had been made by the AO, during assessment proceedings, and taken a view then the PCIT cannot sit over such order of AO and cancel the same. v). Exotic Relators and Developers vs. PCIT as reported in (2024) 71 CCH 0299 Chd-Trib. 12 ITA No.251/Agr/2025 and 4 ors. “AO having issued successive…

ACIT, CC, Agra vs. Hma Agro Industries Limited, Agra

ITA 300/AGR/2025[2019-20]Status: DisposedITAT Agra04 Dec 2025AY 2019-20

Bench: Shris.Rifaur Rahman & Shri Sunil Kumar Singh

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Arun Kumar Yadav, CIT DR
Section 143(3)Section 147Section 148Section 263Section 40ASection 68

…en taken by the AO after making proper enquiry and, thus, the Tribunal was justified in setting aside the impugned assessment order. iv). Reliance is being placed on the judgment of Hon'ble Delhi High Court in the case of ITO Vs G.Housing Project, reported in 343 ITR 329, in which it has been held that if requisite enquiries had been made by the AO, during assessment proceedings, and taken a view then the PCIT cannot sit over such order of AO and cancel the same. v). Exotic Relators and Developers vs. PCIT as reported in (2024) 71 CCH 0299 Chd-Trib. "AO having issued successive notices under ss. 142(1) and 143(2)…

Hma Agro Industries Limited, Agra vs. Deputy Commissioner of Income-Tax, Central Circle, Agra

In the result, ground no.1 raised by the Revenue is accordingly dismissed

ITA 251/AGR/2025[2018-2019]Status: DisposedITAT Agra04 Dec 2025AY 2018-2019

Bench: Shris.Rifaur Rahman & Shri Sunil Kumar Singhhma Agro Industries Limited, Vs. Dcit, Central Circle, 2/220, 2Nd Floor, Glory Plaza, Agra. Opp. Soor Sadan, M.G. Road, Agra – 282 002. (Pan :Aacch0450J)

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Arun Kumar Yadav, CIT DR
Section 143(3)Section 147Section 148Section 263Section 40ASection 68

…en taken by the AO after making proper enquiry and, thus, the Tribunal was justified in setting aside the impugned assessment order. iv). Reliance is being placed on the judgment of Hon’ble Delhi High Court in the case of ITO Vs G.Housing Project, reported in 343 ITR 329, in which it has been held that if requisite enquiries had been made by the AO, during assessment proceedings, and taken a view then the PCIT cannot sit over such order of AO and cancel the same. v). Exotic Relators and Developers vs. PCIT as reported in (2024) 71 CCH 0299 Chd-Trib. 12 ITA No.251/Agr/2025 and 4 ors. “AO having issued successive…