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of <h1>Tax Appellate Tribunal Overturns Commissioner's Order, Rules Lack of Jurisdiction</h1> <h3>Smt. Priti Somani Versus ITO, Ward-3 (1), Gangtok</h3> The ITAT Kolkata allowed the appeal of the assessee, quashing the order passed by the Principal Commissioner of Income Tax u/s 263 for AY 2015-16. The ... Revision u/s 263 by CIT - Merging of CIT order - HELD THAT: A perusal of the aforesaid Clause-‘C’ of Explanation-1 to Section 263(1) of the Act would reveal that ld. Pr. CIT/CIT can invoke his jurisdiction u/s 263 of the Act in respect of the Assessment Order which had been the subject matter of any appeal relating to such matters as had not been considered and decided in such appeal. However, in this case, the matter in relation to which the ld. PCIT has invoked his jurisdiction, by way of issue of notice dated 02.05.2019 u/s 263 of the Act, has already been considered and decided in appeal by the ld. CIT(A) vide order dated 24.01.2019. In view of this, the impugned order passed by the ld. Pr. CIT is not sustainable as per law and the same is accordingly quashed. Issues Involved:Appeal against order passed by Principal Commissioner of Income Tax u/s 263 of the Income Tax Act, 1961 for AY 2015-16 - Delay in filing appeal - Grounds of appeal challenging the order - Jurisdiction of Principal Commissioner u/s 263 - Consideration and decision of issues by CIT(A) - Quashing of impugned order by ITAT Kolkata.Analysis:1. Delay in Filing Appeal:The appellant filed an appeal against the order passed by the Principal Commissioner of Income Tax u/s 263 of the Income Tax Act, 1961 for AY 2015-16. There was a delay of 50 days in filing the appeal, for which the appellant submitted a petition for condonation. The ITAT Kolkata, after perusing the petition, condoned the delay and admitted the appeal of the assessee.2. Grounds of Appeal:The appellant raised various grounds of appeal challenging the order passed by the Principal Commissioner of Income Tax. These grounds included contentions regarding the arbitrary, unjustified, and illegal nature of the order, questioning the initiation of proceedings u/s 263 when assessment was already completed u/s 143(3), and objecting to the direction for re-examination and re-verification by the Principal Commissioner.3. Jurisdiction of Principal Commissioner u/s 263:The appellant's counsel argued that once the issue had been considered and decided by the CIT(A), the Principal Commissioner did not have the jurisdiction to invoke the provisions of Section 263 of the Act. The ITAT Kolkata agreed with this contention, citing relevant provisions of Section 263(1) and Explanation-1, which specify the extent of powers of the Principal Commissioner in such cases.4. Consideration and Decision by CIT(A):The CIT(A) had previously considered and decided the issues raised by the appellant in the appeal, leading to the deletion of the addition made by the Assessing Officer. Therefore, the ITAT Kolkata found that the impugned order passed by the Principal Commissioner was not sustainable as per law, and subsequently quashed the order.5. Quashing of Impugned Order:Based on the analysis of the jurisdictional aspect and the consideration of issues by the CIT(A), the ITAT Kolkata allowed the appeal of the assessee and pronounced the order in open court on 30.03.2022, thereby setting aside the order passed by the Principal Commissioner of Income Tax u/s 263 for AY 2015-16.
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