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TMI Blog2024 (1) TMI 658X X X X Extracts X X X X X X X X Extracts X X X X ..... BLE, JUDICIAL MEMBER:- This is an appeal filed against the order dated 21-01- 2022 passed by Principal Commissioner of Incomer Income, PCIT, Rajkot-1 for assessment year 2017-18. 2. The grounds of appeal are as under:- Grounds of Appeal Tax effect relating to each Ground of appeal 1 The grounds of appeal mentioned hereunder are without prejudice to one another. N.A. As appeal is ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12.2019. The order u/s 263 of the Act is totally unjustified on facts as also in law therefore the same may kindly be quashed. N.A. As appeal is against the validity of revisional jurisdiction of Pr. CIT. 4 Your Honour's appellant craves leave to add, to amend, alter, or withdraw any or more grounds of appeal on or before the hearing of appeal. N.A. As appeal is against the validity of r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee was 01-04-2016 hence the assessee is not eligible for deduction u/s. 80IB(11) of the Act. The Assessing Officer while completing the assessment has not examined the conditions stipulated in section 80IB(11A) as the assessee is having business of processing, observation and packaging of fruits and vegetables and whether he is eligible for the same deduction or not. The Pr. CIT issued show caus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erest of Revenue and therefore section 263 order be set aside. 6. The ld. D.R. relied upon the order of Pr. CIT and submitted that since the assessee has wrongly availed the deduction under different section under which he is not eligible. The Assessing Officer has not taken cognizance of the same and passed the order without applying the proper section. 7. We have heard both the parties and per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as not pointed out this mistake at the assessment proceedings or after the assessment order passed. Once, the invocation of 263 has been done by the Pr. CIT, the assessee cannot state that the same is a mistake and can be rectified u/s. 154 of the Act. This revisionary power was rightly invoked by the PCIT u/s. 263 of the Act and therefore the appeal of the assessee is dismissed. 8. In the result ..... X X X X Extracts X X X X X X X X Extracts X X X X
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