TMI Blog2019 (3) TMI 2046X X X X Extracts X X X X X X X X Extracts X X X X ..... nvoke its revisionary powers within provisions of Section 263 with respect to the assessment order of the AO which is passed u/s 143(3) r.w.s. 144C(13) of the 1961 Act in pursuance of direction issues by learned DRP .Several other contentions were also raised in grounds of appeal on merits but keeping in view the jurisdictional issue involved in this appeal which were raised before learned Principal CIT and which was not disposed of by learned Principal CIT in its revisionary order dated 28.03.2016 passed u/s. 263 of the 1961 Act , we consider it appropriate and deem fit to restore this matter back to the file of learned Principal CIT for disposal of this jurisdictional ground which is a legal ground as to competence of learned Pr. CIT to r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consolidated order. I.T.A. No. 2466/Mum/2018 (AY 2011-12) 3. First of all we take up assessee s appeal in I.T.A. No. 2466/Mum/2018 (AY 2011-12). 4. At the very outset, Ld. AR appearing on behalf of the assessee submitted that the order of initiation of proceedings u/s 263 of the Act passed by Ld. PCIT is without jurisdiction, therefore assessee has raised ground no. 2 of appeal on account of challenging the jurisdiction of Ld. PCIT in passing the impugned order. It was further submitted that this ground is squarely covered by the order of Hon ble ITAT in ITA No. 3658/Mum/2016 for AY 2009-10 in assessee s own case, wherein the identical ground raising jurisdictional legal issue is also raised in the present appeal has already ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT is not empowered u/s 263 of the 1961 Act to revise an assessment order which was passed by AO u/s 143(3) r.w.s. 144C(13) of the 1961 Act in pursuance to the direction of the Ld. DRP. The contentions and objections as are raised by learned counsel for the assessee that an assessment order passed by AO u/s 143(3) r.w.s. 144C(13) of the 1961 Act is in pursuance to directions of learned DRP which in itself is a body consisting of collegiums of 3 Senior Judicial Functionaries of the Revenue and hence learned Pr. CIT cannot sit on judgment of collegiums of three senior functionaries of Revenue which are not below the rank of Commissioner of Income-tax . It s also contended by learned counsel for the assessee that an assessment order passed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Thus it is submitted by Ld. Counsel for the assessee that the matter need to be resorted to the file of learned Principal CIT for re-adjudication of the entire issue including jurisdictional issue which is purely a legal issue going to root of the matter after considering the submissions of the assessee. The Ld. CIT DR also submitted that matter can be resorted to the file of learned Principal CIT for readjudication of the entire issue s including jurisdictional issue raised by the assessee as to the powers of learned Pr. CIT to pass revisionary orders u/s 263 of the 1961 Act revising an assessment framed by the AO u/s 143(3) r.w.s. 144C(13) of the 1961 Act, in accordance with law. Thus in nutshell both the parties have agreed and conceded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee before learned Pr. CIT in proceedings conducted u/s 263 was not decided by learned Pr. CIT vide its order dated 28.03.2016 passed u/s 263 of the 1961 Act. All the contentions are left open and we clarify that we have not commented on the merits of the issues. The learned Pr. CIT shall decide all issues afresh after considering submissions of the assessee, Needless to say proper and adequate opportunity of being heard shall be provided by learned Pr. CIT in denovo proceedings u/s 263 of the 1961 Act and all evidences / contentions submitted by the assessee in its defence w.r.t. all issues shall be admitted by learned Pr. CIT and decided on merits in accordance with law. We order accordingly. 5. In the result appeal of the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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