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2026 Supreme(Online)(ITAT) 2125

INCOME TAX APPELLATE TRIBUNAL (MUMBAI BENCH)
Sandeep Gosain, Judicial Member, Prabhash Shankar, Accountant Member
MR. ANMOL GOVINDRAM SEKHRI BANDRA ARCADE NANDI GULLY OPP BANDRA RAILWAY ST – Appellant
Versus
CIRCLE 16(2) MUMBAI AAYAKAR BHAWAN MUMBAI – Respondent


Advocates:
For the Appellants/Petitioners: Shri Aditya Ajgaonkar, Ms. Rupal Shrimal
For the Respondents: Shri Rajesh Kumar Yadav, (CIT-DR)

Table of Content
1. appeal against pcit's section 263 revision of ltcg assessment. (Para 1 , 3)
2. assessee challenges section 263 jurisdiction and ltcg addition. (Para 2)
3. assessee argues screen-based trading exempts section 68; cites precedents. (Para 4)
4. tribunal holds ao inquired adequately; no section 263 jurisdiction. (Para 5)
5. quashes revision order as mere change of opinion on debatable issue. (Para 6 , 7)

आदेश/ORDER 

PER PRABHASH SHANKAR [A.M.] :-

The present appeal is filed by the assessee against the Revision order u/s 263 of the Act passed by the Principal Commissioner of Income-tax, PCIT, Mumbai-8 [hereinafter referred to as “PCIT”] pertaining to assessment order made u/s. 147 r.w.s. 144B of the Income- tax Act, 1961 [hereinafter referred to as “Act”] dated 28.02.2023 for the Assessment Year [A.Y.] 2018-19.

2. The grounds of appeal are as under:-

1. On the facts and circumstances of the case and in law, the Learned Principal Commissioner of Income Tax, [hereinafter referred to as “Ld. PCIT”] erred in invoking jurisdiction under Section 263 of the Income Tax Act, 1961 (“the Act”) and passing the impugned order dated 01/02/2025, which is bad in law and liable to be quashed f

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