TaxTMI 
TaxTMI 
2022 (5) TMI 151
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....otal income of the assessee for the year under consideration and overlooking the fact that this issue has been examined by the Assessing Officer during the course of assessment proceedings as completed u/s. 143(3) and which has adequately been discussed in the assessment order itself. 3. That the Assessing Officer having also adopted his mind to the issue, which has also been taken by the Pr. CIT (Central) and, as such, the assumption of jurisdiction by the Ld. Pr. CIT (Central) is void abinitio. 4. That the Appellant craves leave to add or amend the grounds of appeal before the appeal is finally heard or disposed off. 2. In this appeal, there is a delay of 665 days. In support of its contention, assessee has filed an application supported by an affidavit wherein it is submitted that on account of in action of its erstwhile Authorized Representative appeal could not be filed on time and Ld. A.R. shown us e-mails and other relevant document have been sent to the said A.R. from time to time. The Hon'ble Supreme Court in the matter of Esha Bhattacharjee vs. Managing Committee of Raghunathpur Nafar Academy & Others (Civil Appeal Nos. 8183-8184 of 2013) wherein prin....
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....oma Chemical Industries Limited v. Gujarat Industrial Development Corporation and another (2010) (5SGC 459), where a two-Judge Bench of this Court has observed that the law of limitation is founded on public policy. The legislature does not prescribed limitation with the object of destroying the rights of the parties but to ensure that they do not resort to dilatory tactics and seek remedy without delay. The idea is that every legal remedy must be kept alive for a period fixed by the legislature. To put it differently, the law of limitation prescribes a period within which legal remedy can be availed for redress of the legal injury. At the same time, the courts are bestowed with the power to condone the delay, if sufficient cause is shown for not availing the remedy within the stipulated time. Thereafter, the learned Judges proceeded to state that this Court has justifiably advocated adoption of liberal approach in condoning the delay of short duration and a strict approach where the delay is in ordinate. In Improvement Trust, Ludhiana v. Ujagar Singh and others (2010) (6SCC786),it has been held that while considering an application for condonation of delay no strait jacke....
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.... the Act was issued on 31.08.2015 and also issued notice on 07.12.2015 asking a specific enquiry as to mismatch of disclosure of receipts in the ITR and 26AS was issued by the Ld. Assessing Officer In pursuant to the aforesaid notice, the assessee duly filed its reply vide letter dated 14.12.2015 along with the copy of profit and loss a/c for the year ending as on 31.08.2013 and 31.03.2014, the copy of ITR, 26AS and the copy of account of advance received by the assessee in the year under consideration. It was duly explained that amount of Rs. 1,19,09,069/- has been received as advance and the income pertaining to the same has been booked in the assessment year 2014-15. The assessee has even not claimed the TDS relating to the said income in the year under consideration. 6. Thereafter Ld. CIT issued notice dated 11.11.2016 u/s. 263 of the Act and was served on the assessee and the proceedings were initiated. Ld. CIT issued notice u/s. 263 of the Act on account of mis-match of receipts as per 26AS form and books of account which had already been discussed and verified by the Assessing Officer. It is astonished to note that Ld. A.O. has sent a proposal to Ld. Pr.CIT, Central vide ....
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....diction under section 263 of the Act on the basis of the proposal for revision made by the assessing officer. At this juncture, it is relevant to quote para No.2 of the order of Id PCIT( to the extent applicable for our discussion) under section 263 of the Act, which reads as follows: "A proposal for revision of the Assessment Order u/s. 263 has been received from Assessing Officer i.e., ITO. Wd-45(3) Kolkata. On perusal of assessment order and the assessment records it is seen that in course of assessment proceedings, the following statutory additions and disallowances were not examined property...." First of all, let us examine whether Id PCIT has independently applied his mind to exercise his jurisdiction under section 263 of the Act. It is abundantly clear from para No.2 of the Id PCIT's order that Id PCIT exercised his jurisdiction under section 263of the Act based on the proposal received from Assessing Officer for revision of the Assessment Order. It means, the Id PCIT is using the mind of the assessing officer to revise the order of AO under section 263 of the Act, which according to us is not the scheme of section 263 of the Act. The Id PCIT ought to ....