Sir Dorabji Tata Trust v. DCIT(E)

Shri Baba Mohan Ram Kali Kholi Wale, Alwar vs. CIT(TDS), Jaipur

The appeal is allowed, and the impugned order u/s 263

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

…g enquiry regarding the issues raised, cannot be termed to be erroneous or prejudicial to the interest of the revenue. In the written submissions presented by Ld. AR for the assessee only relevant paras from the decision in Sir Dorabji Tata Trust vs. DCIT(E), 188 ITD 38 dated 28.12.2020 (Mum. Trib.), and certain other decisions on the issue, have been extracted for ready reference. 10. On the other hand, ld. DR for the department has urged for dismissal of this appeal, while submitting that he stands by the reasons recorded by Learned CIT(TDS) in arriving at the conclusion that the order dated 29.12.2021 is erron…

Gillette India Limited, Spa-65A, Industrial Area, Bhiwadi, District- Alwar vs. PCIT, Jaipur-1, Jaipur

In the result, the appeal of the assessee is partly allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…has taken one view with which the Commissioner does not agree, it cannot be treated as an erroneous order prejudicial to the interests of the Revenue unless the view taken by the Income-tax Officer is unsustainable in law. Sir Dorabji Tata Trust Vs. DPCIT(E) 188 ITD 38 dt. 28.12.2020 (Mum.) (Trib.) The Hon’ble ITAT Mumbai Bench in Para 19-21 held as under:- “19. The question that we also need to address is as to what is the nature of scope of the provisions of Expln. 2(a) to s. 263 to the effect that an order is deemed to be "erroneous and prejudicial to the interests of the Revenue" when PCIT is of the view tha…

M/S Shriram General Insurance Company Ltd., E-8, Epip Riico Industrial Area, Sitapura, Jaipur vs. PCIT, Jaipur-2, Jaipur

In the result, this appeal of the assessee is allowed

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…does not agree, it cannot be treated as an erroneous order prejudicial to the interests of the Revenue unless the view taken by the Income-tax Officer is unsustainable in law. 7 Shriram General Insurance Co. Ltd., Jaipur. Sir Dorabji Tata Trust Vs. DCIT(E) 188 ITD 38 dt.28.12.2020 (Mum.)(Trib.) The Hon’ble ITAT Mumbai Bench in Para 19-21 held as under:- “19. The question that we also need to address is as to what is the nature of scope of the provisions of Expln. 2(a) to s. 263 to the effect that an order is deemed to be "erroneous and prejudicial to the interests of the Revenue" when CIT is of the view that…

Shri Deepak Khanna, Jaipur vs. Pr.CIT-2, Jaipur

In the result, the appeal of the assessee is allowed

…ee has accepted the capital introduced by the assessee in its proprietary concern M/s Jaipur Rugs International. Hence, Explanation 2 to section 263 is not applicable. In this connection reliance is placed on the decision of Sir Dorabji Tata Trust Vs. DCIT(E) 188 ITD 38 dt. 28.12.2020 where the Hon’ble ITAT Mumbai Bench comprising of Justice PP Bhatt, President and Pramod Kumar, Vice President in Para 19-22 has held as under:- “19. The question that we also need to address is as to what is the nature of scope of the provisions of Expln. 2(a) to s. 263 to the effect that an order is deemed to be "erroneous and pr…

Scholar'S Education Trust of India, 602-A, Trimurty Dave Apartment, Jai Singh Highway Marg, Bani Park, Jaipur vs. CIT Exemption, Jaipur

Bench: The Cit(A), The Power Exercised By Him U/S 263 For Disallowing The Donation Paid To Other Society Would Not Fall In The Ambit Of Section 263. 3. Under The Facts & Circumstances Of The Case, The Finding Given By Ld. Cit That Once Exemption U/S 11 Is Withdrawn, Not Disallowing The Scholar’S Education Trust Of India Vs. Cit(E)

…his order cannot be said to be erroneous in so far as it is prejudicial to the interest of revenue only for the reason that the Ld. PCIT holds a different view. For this purpose, reliance is placed on the following cases:- Sir Dorabji Tata Trust Vs. DCIT(E) 188 ITD 38 dt.28.12.2020 (Mum.)(Trib.) The Hon’ble ITAT Mumbai Bench in Para 19-22 held as under:- “19. The question that we also need to address is as to what is the nature of scope of the provisions of Expln. 2(a) to s. 263 to the effect that an order is deemed to be "erroneous and prejudicial to the interests of the Revenue" when CIT is of the view that…

Rajasthan State Seeds Corporation Ltd., Pant Krishi Bhawan, Bhagwan Das Road, Jaipur vs. PCIT, Jaipur-2, Jaipur

…verify the issues is contradictory in itself. The Ld. PCIT cannot blow hot and cold in the same breathe. In this connection, reliance is placed on paragraph 22 of the order of the Mumbai Bench of the Tribunal in the case of Sir Dorabji Tata Trust Vs. DCIT(E) 188 ITD 38 dt. 28.12.2020 (Mum.) (Trib.) where it was observed as under:- “22. Having said that, we may also add that while in a situation in which the necessary inquiries are not conducted or necessary verifications are not done, CIT may indeed have the powers to invoke his powers under s. 263 but that it does not necessarily follow that in all such cases t…

The Churu Central Co-Operative Bank Limited, Churu, Rajasthan vs. Principal Commissioner of Income Tax - 2, Ncr Building Jaipur

…ined at this stage is contradictory in itself. The Ld. PCIT cannot blow hot and cold in the same breathe. In this connection, reliance is placed on paragraph 22 of the order of the Mumbai Bench of the Tribunal in the case of Sir Dorabji Tata Trust Vs. DCIT(E) 188 ITD 38 dt. 28.12.2020 (Mum.) (Trib.) where it was observed as under: "22. Having said that, we may also add that while in a situation in which the necessary inquiries are not conducted or necessary verifications are not done, CIT may indeed have the powers to invoke his powers under s. 263 but that it does not necessarily follow that in all such cases t…

Sh. Surender Meena, 36, Pratap Nagar, Shastri Nagar, Jaipur vs. PCIT-1, Jaipur

In the result the appeal of the assessee is allowed

…, his order cannot be said to be erroneous so far as it is prejudicial to the interest of revenue only for the reason that the Ld. PCIT holds a different view. For this purpose, reliance is placed on the following cases:- • Sir Dorabji Tata Trust Vs. DCIT(E) 188 ITD 38 dt. 28.12.2020 (Mum.) (Trib.) The relevant findings at Para 19-21 is as under:- “19. The question that we also need to address is as to what is the nature of scope of the provisions of Expln. 2(a) to s. 263 to the effect that an order is deemed to be "erroneous and prejudicial to the interests of the Revenue" when CIT is of the view that "the ord…