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2022 (11) TMI 310 - AT - Income TaxRevision u/s 263 by CIT - Addition u/s 40A(3) - cash payment in violation of section 40A(3) of the Act towards purchase of land from farmers either in the assessment order or in the office note and considered by the AO during the course of scrutiny proceedings is not a valid argument and only an afterthought - HELD THAT:- Commissioner may call for and examine the record of any proceeding under this Act, and if he considers that any order passed therein by the Assessing Officer is erroneous, in so far as it is prejudicial to the interest of the revenue. In the instant case, the Commissioner reopened the case u/s 263 of the Act based on the proposal sent by the AO and not on his own volition. We are therefore, of the considered view that reopening is bad in law and hence, we quash the order of the Ld.Pr.CIT. Appeals of the assessees are allowed.
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