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2023 (4) TMI 621 - AT - Income TaxRevision u/s 263 by CIT - satisfaction of the ld. PCIT that order of AO is erroneous in so far as it is prejudicial to the interests of the revenue - HELD THAT:- Show cause issued by the ld. PCIT is total replication of the letter of the ITO. From, the above, we find that it is more of the satisfaction of the ITO that the Assessment Order is erroneous in so far as it is prejudicial to the interest of revenue than the satisfaction of the ld. PCIT. The common portion has been highlighted which could only lead to an inevitable conclusion that there was an absolute lack of application of mind by the ld. PCIT while issuing the show cause, as the show cause clearly proves that the consideration of the ld. PCIT is solely derived from the letter of the ITO and bereft of independent application of mind by the ld. PCIT which makes the order passed u/s 263 void ab initio. Appeal of the assessee is allowed.
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