2023 (4) TMI 562

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....ation technology enabled services (IT/TES) and online healthcare services. Assessee electronically filed its return of income on 28.11.2017 for A.Y. 2017-18 declaring taxable income of Rs.5,77,79,680/-. The case was selected for scrutiny through CASS and thereafter notices u/s 143(2)/142(1) of the Act were issued and served upon the assessee. In response to notices, assessee furnished the details and replies from time to time during the year under consideration. Thereafter, assessment was framed u/s 143(3) of the Act vide order dated 28.05.2019 whereby the income declared by assessee in the return of income was accepted. Thereafter on the basis of the examination of case records, PCIT concluded that the order passed by AO u/s. 143(3) was er....

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....iate that action u/s 263 of the Act is otherwise too inapplicable on the factual matrix of the facts of the instant case since it is not a case of "lack of enquiry" or "lack of investigation" and therefore the invocation u/s 263 of the Act is not in accordance with law. 4. That the finding of the learned Principal Commissioner of Income Tax that "it is evident that the AO accepted the version of the assessee without making any inquiry or verification. Thus, by accepting the unsubstantiated, varying and disjointed claims of the assessee, failing to conduct detailed and legitimate inquiries, the AO utterly failed to conduct meaning full investigations essential to determine the total income of the assessee. Hence the AO has failed to take n....

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....ied upon not referred in the show cause notice but made part of the order could neither in law and nor on fact be made a basis to assume jurisdiction u/s 263 of the Act; and thus order on this ground alone deserve to be quashed as such. 9. That the learned Principal Commissioner of Income Tax has framed the impugned order without granting opportunity to the appellant and therefore the order made is illegal, invalid and, vitiated order. It is therefore prayed that, impugned order dated 23.3.2022 under section 263 of the Act be held to be without jurisdiction and, therefore be quashed and appeal of the appellant company be allowed." 4. Before us, Learned AR submitted that though the assessee has raised various grounds challenging the inv....