2023 (9) TMI 608

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....The grounds of the appeal raised by the assessee are as under: 1 That the order of the Learned Principal Commissioner of Income Tax is arbitrary, bad in law & facts. 2 On the facts and in the circumstances of the case of the assessee, Ld. Pr. CIT was not justified in holding that the Assessment order passed u/s 143(3) was erroneous and/or prejudicial to the interest of Revenue. 3 On the facts and in the circumstances of the case of the assessee Ld. Pr. CIT was not justified in setting aside the order passed under section 143(3) by the assessing officer by invoking the provisions of section 263. 2. The facts of the case, submissions and the prayer of the assessee furnished by the Ld AR are extracted as under:- ....

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....ide for further verification. 7. Appellant submits that his case was selected under CASS for clarification identifying the limited issues. 8. Though the word "initially" is mentioned in para-2, the issues are specified. Hence, this is limited scrutiny. 9. The ld. Pr.CIT cannot enlarge the scope in revision proceedings. 10. Secondly, during sec. 263 proceedings appellant filed all particulars and evidences clearly establishing and satisfying query raised in notice u/s 263 of the Act. 11. The ld. Pr. CIT was satisfied and rendered categorical observations in para 7(ii) of impugned order. 12. The impugned order was passed only for another round of enquiry. It is abuse of process of law. ....

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....ission of Ld AR that such a finding of the Ld PCIT leads to satisfaction of the Ld PCIT that there was primafacie adverse inference which could make the order of Ld AO erroneous as well as prejudicial to the interest of revenue which are the mandatory condition for sustainability of the order passed by invoking provisions of section 263 of the It Act. Under such circumstances the order of Ld PICT to set aside the matter back to the files of Ld AO is arbitrary, bad in law & facts and thus, is liable to stuck down. On the aspect of satisfaction of conditions laid down in section 263 that for invoking provision sections 263 for exercising jurisdiction by the PCIT suo motu of Ld AR relied on judgment by the Hon'ble Apex Court in the case of Mal....