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SURYA PRAKASH KESARWANI, RAJARSHI BHARADWAJ
Commissioner Of Income Tax-14, Kolkata – Appellant
Versus
Assam Bengal Carriers – Respondent
JUDGMENT :
1. Heard Sri Amit Sharma, learned standing counsel for the appellant and
2. This appeal relates to the assessment year 2008-09.
Facts:-
3. Briefly stated facts of the present case are that an assessment order dated Mr. Ananda Sen, learned counsel for the respondent/assessee. 23.08.2010 under Section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act, 1961’) for the assessment year 2008-09 was passed by the assessing officer (ACIT, Circle-56, Kolkata) in respect of the assessee determining total income at ‘Nil’. Subsequently, the Commissioner of Income Tax, Kolkata-21, Kolkata noticed that the assessment order is erroneous and prejudicial to the interest of revenue on certain grounds. Accordingly, a notice dated 26.02.2013 was issued by the Commissioner of Income Tax, Kolkata-21, Kolkata under the signature of Sri Brij Lal Meena, ACIT, Hqrs-21, Kolkata for the Commissioner of Income Tax, Kolkata. The aforesaid notice dated 26.02.2013 is reproduced below:
To
The Principal Officer,
M/S. ASSAM BENGAL CARRIERS
40/8, Ballygu
The main legal point established in the judgment is that the revisional jurisdiction under Section 263 of the Income Tax Act can only be invoked when the order is both erroneous and prejudicial to th....
Point of Law : Assessment order was passed without making inquiry / verification as regards potential escapement of income mentioned in Board Instructions for relevant period.
The court ruled that the Principal Commissioner of Income Tax improperly assumed jurisdiction under Section 263, as the issues had already been addressed in the original assessment, invoking the doct....
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