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2018 (12) TMI 1491 - AT - Income TaxRevision u/s 263 - time limit for passing order under section 263 - assessment under section 143(3) of the Act as already completed and the proceedings u/s 153A initiated - Held that:- In the chart of chronological events, the Ld. counsel has computed the limitation in respect of order passed under section 143(3) of the Act. But the said order was not subjected to revision. Actually, the CIT proposed to revise the order passed by the AO u/s 153A dated 28/02/2013. The show cause notice was issued on 17/01/2014 and the order under section 263 has been passed on 12/03/2015. Under section 263(2) the time limit for passing order under section 263 has been provided as before expiry of two years from the end of the financial year in which the order sought to be revised was passed. Since the impugned order dated 12/03/2015 passed by the CIT under section 263 of the Act is within the period of two years from the end of the financial year in which the order under section 153A was passed, i.e., 31/03/2015, we do not find any force in the arguments of the Ld. counsel on this issue and accordingly we reject the same. Since in the instant case originally, the assessment under section 143(3) of the Act was already completed and in the proceedings under section 153A of the Act, there is no mention of any incriminating material particularly on the issues on which the Ld. CIT has held that the Assessing Officer has not made any enquiries. If as per the law laid down by the Hon’ble Delhi High Court, the Assessing Officer is not empowered to make any addition, then he is not required to carry out any enquiry or verification in respect of those issues. In such a scenario, the order passed by the Assessing Officer cannot be held as erroneous insofar as prejudicial to the interest of the Revenue. We are of the opinion that CIT has exceeded his jurisdiction provided under section 263 of the Act and accordingly, we set-aside the order passed by the Ld. CIT under section 263 of the Act. Since we have already held that the Ld. CIT was not correct in revising the assessment order in view of the decision in the case of Kabul Chawla [2015 (9) TMI 80 - DELHI HIGH COURT] - Decided in favour of assessee
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