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BHARGAV D. KARIA, NIRAL R. MEHTA
Commissioner Of Income Tax (Exemptions), Ahmedabad – Appellant
Versus
Gujarat State Lion Conservation Society – Respondent
ORDER :
Bhargav D. Karia, J.
[1] This Tax Appeal is filed by the appellant - Revenue under Section 260A of the Income Tax Act, 1961 (for short, “the Act”) arising out of the order dated 3rd August 2022 passed by the Income Tax Appellate Tribunal, Rajkot Bench, Rajkot (for short, “the Tribunal”) in ITA No.69/RJT/2021 for the Assessment Year 2015-16.
[2] The appellant – Revenue has proposed the following substantial questions of law for the consideration of this Court:
(ii) Whether in the law and facts & circumstances of the case, the Hon’ble Tribunal was justified in not appreciating the fact that the AO failed to bring on record her finding on the issue of accumulation claimed under Section 11(1)(a) on the Government grant? (iii) The appellant craves leave to add, amend or modify any grounds before or at the time of hearing of the appeal?”
[3] The brief facts of the case are that the assessee Trust – M/s. Gujarat State Lion Conservation
The necessity for independent application of mind by the Principal CIT in initiating revision proceedings under Section 263 was emphasized.
Under Section 263 of the Income Tax Act, a revisional authority must establish both error and prejudice, and cannot act without due compliance with principles of natural justice.
The court affirmed that for invoking Section 263 of the Income Tax Act, both conditions of an erroneous order and prejudice to revenue must be satisfied, which were not in this case.
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