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2020 (1) TMI 1537 - ITAT KOLKATARevision u/s 263 by CIT - assessee has already offered Long Term Capital Gain to tax under Income Declaration Scheme (‘IDS) - CIT proposes that the purchase price of 1,00,000/- is to be added and the commission payment to the tune of ₹3,76,219/- has to be brought to tax, in his order passed u/s 263 of the Act - HELD THAT:- Once the income offered and the IDS, 2016 is accepted by the Department, an order passed u/s 143(3) of the Act cannot be revised, as the items of addition in question directed by the ld. Pr. CIT was part of the IDS, 2016 application and not part of the order passed u/s 143(3) of the Act. Even otherwise once a person has availed IDS, 2016 and paid taxes, in our view it is not correct for the Pr. CIT to revise the assessment order u/s 263 of the Act as this would be against the spirit of the scheme. Thus we cancel the same and allow the appeal of the assessee.
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