PEEYUSH AGARWAL,JAIPUR, RAJASTHAN vs. ITO, WARD 1(5), JAIPUR, JAIPUR, RAJASTHAN

In the result Ground and 1 and 2 raised by the assessee are allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

133A of the Act and assessment for survey year AY 2018-19 was completed at Returned Income. The assessee placed the copy of assessment order passed u/s 143(3) of the Act for Survey Year AY 2018-19 at PB page 301-302. The assessee also placed before us the copy of replies/explanation filed before the ld AO during

MUKESH KUMAR SAINI,SIKANDARA vs. PCIT(CENTRAL), JAIPUR

In the result, the appeal of the assessee is in ITA no

Bench: or at the time of hearing.” 5. It is seen that the only grievance raised by the assessee is that PCIT erred in holding the order of the assessment as erroneous in so far as prejudicial to the interest of the revenue. Brief facts related to the issue are culled out are that in this case a Survey action u/s 133A of the Act was carried out on 26.02.2019 at the business premises of the assessee firm M/s Nirankar Tiles and Sanitory 4

133A were not enforceable and were in defiance of circular of the board, which make them unlawful. The position being so, the provisions of section 68/69/69A are not applicable even distantly and accordingly provisions of section 115BBE were also not attracted in this case. It is submitted that in his order under section 263 the learned CIT has observed

PRAKASH CHAND SAINI,SIKANDRA vs. PCIT(CENTRAL)JAIPUR, JAIPUR

sections": [ "133A", "143(3)", "154", "263", "68", "69", "69A", "115BBE", "139", "142(1)", "271AAB", "271AAC" ], "issues": "Whether the PCIT was justified in invoking revisionary powers u/s 263 when the AO had already applied his mind and taken a plausible view in the assessment, and whether the income surrendered during survey

LAXMI NARAYAN SAINI,SIKANDRA vs. PCIT(CENTRAL), JAIPUR

133A were not\nenforceable and were in defiance of circular of the board, which make them unlawful.\nThe position being so, the provisions of section 68/69/69A are not applicable even\ndistantly and accordingly provisions of section 115BBE were also not attracted in this\ncase.\nIt is submitted that in his order under section 263 the learned CIT has observed