TMI Blog2022 (1) TMI 1297X X X X Extracts X X X X X X X X Extracts X X X X ..... urisdiction u/s 263 - Therefore, Tribunal concluded that the PCIT has not exercised jurisdiction u/s 263 of the Act himself, but he exercised jurisdiction at the instance of the Assessing Officer/JCIT, which is against the provisions of law. The argument made by the learned Standing Counsel is that it is the PCIT who has exercised jurisdiction under Section 263 of the Act. From the order passed by the Tribunal we find that the department could not controvert the contents of the letter dated 18th August, 2016. If, according to the department, the contents of the letter were otherwise, then it is for the department to approach the Tribunal for necessary rectification or clarification and the correctness of the order of the Tribunal cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the jurisdiction under Section 263 at the instance of AO/JCIT which is a wrong interpretation as the PCIT after examining the case records has directed the JCIT to resubmit the proposal as per provision to explanation 2 to Section 263 of the Act? We have heard Mr. P. K. Bhowmick, learned Standing Counsel appearing for the appellant/revenue and Mr. S. M. Surana, learned Counsel appearing for the respondent/assessee. The contention of the revenue before us is that the Tribunal failed to appreciate that the Principal Chief Commissioner of Income Tax had directed the Joint Commissioner of Income Tax to re-submit the proposal after examining the records and after drawing satisfaction that the order of the Assessing Officer was erroneous ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the department, the contents of the letter were otherwise, then it is for the department to approach the Tribunal for necessary rectification or clarification and the correctness of the order of the Tribunal cannot be decided by us in an appeal under Section 260A of the Act by bringing certain submissions which were never made before the Tribunal. Therefore, we are not inclined to interfere with the order passed by the Tribunal and accordingly, the appeal is dismissed. However, we leave it open to the appellant/department to approach the Tribunal for clarification or rectification of the order, if they are so advised. The substantial questions of law are answered against the revenue. With the dismissal of the appeal, the stay applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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