Principal Commissioner Of Income Tax 2 … vs Amritrashi Infra Private Limited on 20 March, 2026

    0
    22
    ADVERTISEMENT

    Calcutta High Court

    Principal Commissioner Of Income Tax 2 … vs Amritrashi Infra Private Limited on 20 March, 2026

    Author: Rajarshi Bharadwaj

    Bench: Rajarshi Bharadwaj

    OD 2
                                    ORDER SHEET
                                     ITAT/5/2026
                            IA NO: GA/1/2026, GA/2/2026
                          IN THE HIGH COURT AT CALCUTTA
                         SPECIAL JURISDICTION (INCOME TAX)
                                    ORIGINAL SIDE
    
    
                 PRINCIPAL COMMISSIONER OF INCOME TAX 2 KOLKATA
                                        VS
                         AMRITRASHI INFRA PRIVATE LIMITED
    
    
      BEFORE:
      The Hon'ble JUSTICE RAJARSHI BHARADWAJ
                         AND
      The Hon'ble JUSTICE UDAY KUMAR
      Date: 20th March, 2026.
    
    
                                                                            Appearance:
                                                                Mr. Amit Sharma, Adv.
                                                       Mr. Abhishek Kr. Agrahari, Adv.
                                                                  . . .for the appellant.
    
                                                             Mr. Subhas Agarwal, Adv.
                                                                   Mr. Amit Shaw, Adv.
                                                                 Ms. Sangita Das, Adv.
                                                                 . . .for the respondent.

    The Court: Heard learned counsel appearing for either of the parties.

    There is a delay of 248 days in filing the appeal. We are satisfied with the

    SPONSORED

    explanation offered for not preferring the appeal within time. Therefore, the delay

    is condoned. The application being GA/1/2026 is allowed.

    The following substantial questions of law have been suggested by the

    appellant.

    2

    “(i) Whether the Learned Tribunal has substantially erred in law in

    upholding the order of the Commissioner of Income Tax (Appeals)

    whereby the order under Section 143(3)/263 of the Income Tax Act,

    1961 dated 30.12.2019 on the premise that the revisionary order

    under Section 263 of the Income Tax Act, 1961 on the basis of which

    was assessment order was passed, was already quashed by the

    Learned Tribunal?

    (ii) Whether in the Learned Income Tax Appellate Tribunal has

    committed substantial error in law in quashing the order under

    Section 263 of the Income Tax Act, 1961 vide order dated 12.08.2020

    in ITAT No.838/Kol/2019 when it is apparent from the records that

    the earlier assessment order dated 07.12.2016 is erroneous and

    prejudicial to the interest of the Revenue inasmuch as the same has

    been passed by the assessing officer without making due and proper

    enquiry?

    (iii) Whether the Learned Tribunal has substantially erred in law in

    holding vide order dated 12.08.2020 in ITAT No.838/Kol/2019 that

    revisionary powers under Section 263 of the Income Tax Act, 1961

    had been wrongly exercised by the Learned PCIT, in the instant case,

    while ignoring the provision of the Explanation – 2 to the Section 263

    of the Income Tax Act, 1961?

    Perused the impugned order of the Tribunal dated 15 th October, 2024.

    Learned Tribunal’s order dated 15 th October, 2024 read as under:
    3

    “Being aggrieved and dissatisfied with the appellate order the

    Revenue has preferred the present appeal on the ground that ld.

    CIT(A) has to adjudicate the matter on merit.

    2. None appeared on behalf of the assessee. On perusal of the

    record, it appears to us that the impugned order passed on the basis

    that order passed u/s 263 of the Act has been declared null and void

    by the ITAT, Kolkata and it is a fact that the ld. CIT(A) in its order

    has clearly held which is essential to reproduce herein below:

    “4.1. Being aggrieved by the order u/s. 263 of the Act dated

    14.03.2019 the appellant preferred appeal before Hon’ble ITAT,

    ‘B’ Bench, Kolkata. The Hon’ble ITAT vide its order ITA No.

    838/Kol/2019 dated 12.08.2020 quashed the order u/s. 263

    of the Act dated 14.03.2019. The relevant part of the Hon’ble

    ITAT’s order is placed here under:

    “58. However, we note that the Ld. CIT(A) has made a bald

    statement that the AO’s assessment order attracts Explanation

    2(c) u/s. 263 of the Act. However, he failed to spell out in his

    impugned order how the action of AO while framing the

    assessment order is not in accordance to any order, direction

    or instruction issued by the Board under section 119 of the

    Act. So, the deeming fiction as envisaged in Explanation (2)

    u/s. 263 of the Act cannot be used to interfere with the order

    of AO. This action of Ld. Pr. CIT is bad for nonapplication of
    4

    mind. In the light of the aforesaid discussion and case laws

    cited supra, we find merit in the appeal filed by the assessee,

    therefore, we allow the appeal of assessee on the ground that

    since the Ld. Pr CIT has exercised his revisional jurisdiction

    u/s. 263 without satisfying the condition precedent as

    stipulated in section 263 of the Act. Therefore, we hold that the

    impugned action of the Ld. Pr. CIT is without jurisdiction and,

    therefore, is null in the eyes of law and consequently it is

    quashed and since we allowed ground number 2 & 3 of the

    original grounds raised by the assessee, the other additional

    grounds are left open. As discussed the impugned order of Ld.

    Pr CIT is quashed.”

    3. Keeping in view the above facts that the order passed u/s

    263 of the Act, on that basis the AO has passed order has

    already been quashed being the subsequent order passed u/s

    143(3) of the Act read with Section 263 of the Act, no doubt

    becomes ab initio void. We do not find any merit in this appeal.

    Accordingly, the appeal is hereby dismissed.

    4. In the result, the appeal filed by the Revenue is dismissed.”

    As the order passed under Section 263 of the Act, on the basis of which the

    AO has passed order has already been quashed being the subsequent order

    passed under Section 143(3) of the Act read with 263 of the Act, the whole

    proceedings have become void ab initio.

    5

    As such, no substantial questions of law arise from the impugned order of

    the Tribunal and the appeal and the connected application (GA/2/2026) are

    dismissed.

    (RAJARSHI BHARADWAJ, J.)

    (UDAY KUMAR, J.)
    Sp/



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here