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2021 (10) TMI 1385 - AT - Income TaxRevision u/s 263 by CIT - investment towards purchase of property unexplained - HELD THAT:- We find that vide notice iisued specific queries were raised by the AO seeking details and source of investment in the property purchased during the year. In response, the assessee has filed replies explaining the relevant facts towards source of money utilized for purchase of her share in property. The source of investment was corroborated by evidence. It is trite that the PCIT cannot pass revisional order to direct the AO to make some fuller and extended enquiry desired in the opinion of the revisional authority. In such a situation, where there appears to be inadequacy to the PCIT in the manner of enquiry, he himself should embark upon some enquiries to discover the possibility of error. A roving enquiry cannot be directed summarily. The action of the PCIT is unsustainable in law without objectively showing how the order of the AO is erroneous. The revisional direction, in the instant case, is thus unsustainable in law. We also find merit in the plea of the assessee that having regard to CBDT instruction Nos. 7/2015, 20/2015 & 5/2016 and also CBDT letter dated 30.11.2017, the AO was not entitled to go beyond the reasons for selection of matter for limited scrutiny. As a corollary, it is not open to the PCIT to pass revisionary order and remit the matter to the AO on other aspects by rendering assessment order as erroneous and prejudicial to the interest of the Revenue. This is the view consistently taken by the co-ordinate benches in several decisions, some of which are noted earlier. The action of the PCIT u/s 263 of the Act thus cannot be approved on this parameter also. Appeal of the assessee is allowed.
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