Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (1) TMI 1965 - AT - Income TaxValidity of Revision u/s 263 - exclusive jurisdiction u/s 263 of PCIT - PCIT has called for proposal from JCIT/Assessing Officer to exercise his jurisdiction - HELD THAT:- Since the department could not controvert the contents of the letter of the JCIT which clearly brings out that ld. PCIT has called for proposal from JCIT/Assessing Officer to exercise the jurisdiction u/s 263. It means the ld. PCIT has not exercised the jurisdiction u/s 263 himself but he exercised the jurisdiction at the instance of the AO / JCIT which is against the provision of law. The power of revisional jurisdiction is vested only with the ld. PCIT. Therefore we note that the exercise of the jurisdiction u/s 263 of the Act itself is not in accordance with law hence we cancel the order passed by ld. PCIT u/s 263 of the Act. - Appeal of assessee allowed.
|