17/06/2022
INCOME TAX : Where Assessing Officer had examined issue of sale of shares and resultant capital gain accruing therefrom and assessee had duly replied and filed all evidences, Pr. Commissioner had invalidly and improperly exercised jurisdiction under section 263 and, therefore, revisionary proceedings under section 263 was to be quashed
INCOME TAX : Mere fact that Assessing Officer has not elaborated issue in assessment order would not entitle Pr. Commissioner to exercise jurisdiction under section 263
IN THE ITAT MUMBAI BENCH 'F'
Vipul Modi
v.
Principal Commissioner of Income-tax*
RAJESH KUMAR, ACCOUNTANT MEMBER
AND AMARJIT SINGH, JUDICIAL MEMBER
IT APPEAL NO. 926 (M) OF 2021
[ASSESSMENT YEAR 2014-15]
JANUARY 5, 2022
I. Section 10(38), read with sections 147 and 263, of the Income-tax Act, 1961 - Capital gains - Income arising from transfer of long-term securities (shares) - Assessment year 2014-15 - Reassessment was initiated under section 147 in case of assessee mainly to examine issue of long-term capital gain resulting from sale of shares of a company (ICVL) - Assessing Officer after considering written submission of assessee and all information and evidences accepted claim of assessee as genuine - Thereafter, Pr. Commissioner exercised revisionary jurisdiction under section 263 on ground that Assessing Officer had not conducted adequate enquiry into issue and, therefore, assessment was erroneous and prejudicial to interest of revenue - Whether since Assessing Officer had examined issue of sale of shares and resultant capital gain accruing therefrom during re-assessment proceedings by issuing various notices under section 142(1) and assessee had duly replied and filed all evidences, Commissioner had invalidly and improperly exercised jurisdiction under section 263 and, therefore, revisionary proceeding under section 263 was hereby quashed - Held, yes [Para 6] [In favour of assessee]
II. Section 263 of the Income-tax Act, 1961 - Revision - Of orders prejudicial to interest of revenue (General) - Assessment year 2014-15 - Whether mere fact that Assessing Officer has not elaborated issue in assessment order would not entitle Pr. Commissioner to exercise jurisdiction under section 263 - Held, yes [Para 6] [In favour of assessee]