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TMI Blog2022 (11) TMI 182X X X X Extracts X X X X X X X X Extracts X X X X ..... , CIT-DR ORDER Per George George K, JM : This appeal at the instance of the assessee is directed against Principal Commissioner of Income-tax's (PCIT) order dated 30.03.2022, passed u/s 263 of the I.T.Act. The relevant assessment year is 2017-2018. 2. At the very outset, the learned A.R. by referring to ground 2, submitted that the initiation of proceedings u/s 263 of the I.T.Act is bad in l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out of the original return filed u/s 139(1) of the I.T.Act is bad in law and the PCIT's order to revise the same is also void ab initio. In this context, the learned AR relied on the following judicial pronouncements:- (i) ITO v. Ramesh Kumar Rathi (2005) 143 Taxman 33 (Kol) (ii) Niranjan Lal Ram Chandra v. CIT (1982) 134 ITRT 352 (All.) (iii) Amjad Ali Nazir Ali v. CIT (1977) 110 ITR 419 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the I.T.Act and the same culminated in an assessment u/s 143(3) of the I.T.Act on 28.11.2019. It is also an admitted fact that the assessee had filed revised return on 07.03.2019. In the instant case, admittedly, the PCIT is seeking to revise the assessment completed u/s 143(3) of the I.T.Act which stems from the return of income filed u/s 139(1) of the I.T.Act. For doing so, the PCIT states that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law while holding that when once a valid revised return was filed by the assessee, it completely effaces and obliterates the original return and, therefore, it is only the revised return that has to be taken into account for purpose of making the assessment?" 6. In considering the above question, the Hon'bl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to have been completed from the figures disclosed in the revised return. In the instant case, admittedly, the assessment order arises out of the original return of income, which was processed u/s 143(1) of the I.T.Act on 26.11.2018 (refer para 2 of the assessment order dated 28.11.2019). Therefore, the said assessment order is bad in law. Further, the PCIT's order to revise the said assessment or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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