ACC Ltd. v. CIT - Taxpublishers.in

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The Tax Publishers2020 TaxPub(DT) 2815 (Mum-Trib)

INCOME TAX ACT, 1961

Section 263

Since matter on the issue in question was pending before CIT(A), CIT(A) had no jurisdiction to consider such issue in revisionary proceedings under section 263 in terms of clause (c) to Explanation 1 to section 263.

Revision under section 263 - Erroneous and prejudicial order - Excercise of revisionary jurisdiction by CIT over the issue pending before CIT(A) -

CIT invoked revisionary jurisdiction over the issue which was pending before CIT(A) as a subject-matter of appeal.Held: In terms of clause (c) to Explanation 1 to section 263. CIT had no jurisdiction to exercise revisionary power under section 263 over the issue which was subject-matter of appeal before CIT(A). Accordingly, CIT was not justified in revising assessment order.

Distinguished:Sunjoy Dairy Farm v. Second Income-Tax Officer (1985) 13 ITD 219 (Bom) : 1985 TaxPub(DT) 1005 (Mum-Trib)Relied:M/s. Everest Industries Ltd. v. CIT [ITA No. 532/Mum/2014, dated 21-8-2019]

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2013-14

IN THE ITAT, MUMBAI BENCH