2024 (4) TMI 498

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....ndore in IT(SS)A No.110/Ind/2021 in an appeal filed by the respondent / assessee, whereby the order passed by PCIT (Central), Bhopal dated 27.03.2021 has been set aside. 02. Heard on I.A. No.1729/2024, which is an application under Section 5 of the Limitation Act for condonation of delay in filing the present appeal. As per contents of the application, this appeal is barred by 107 days. 03. Keeping in view the reasons assigned in the application which is duly supported by an affidavit, I.A. No.1729/2024 stands allowed. Delay in filing the appeal is hereby condoned. 04. Facts of the case in short are as under:- 4.1. The respondent / assessee, a company engaged in the business of Real Estate, filed the return of income under Section 139(1....

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....Act were suo motu initiated against the assessee. The assessee was given opportunity of hearing and vide order dated 19.12.2018, assessment order of the AY - 2011 - 12 to 2017 - 18 was set aside and remanded the matter to the Assessing Officer for fresh examination after giving due opportunity of hearing to the assessee. 4.5. Being aggrieved by the aforesaid order, the respondent / assessee preferred an appeal before the ITAT, Bench Indore. In the said appeal, the respondent / assessee challenged the authority of PCIT (Central), Bhopal under Section 263 of the Act on the ground that the assessment order was passed under Section 143(3) r/w section 153A of the Act upon taking prior approval from the Assistant Commissioner, Income Tax (Centra....

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....dings u/s 263 of the Act cannot be assumed in the instant case unless any revision directions are issued by the JCIT since the impugned assessment order sought to be revised u/s 263 was passed after obtaining the approval of the JCIT u/s 153D without appreciating the fact that no such statutory obligation is entailed in letter and the sprite of either Section 153D or Section 263 of the Act and accordingly, the ITAT ignored the dictum of law laid down in Orissa State Warehousing v/s CIT 237 ITR 589 (SC) wherein it has been held that- "The Court is to ascribe natural and ordinary meaning of the words used by the legislature and the Court ought not, under any circumstances, substitute its own impression and ideas in place of legislative inte....

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....in the case of M/s Trinity Infra Ventures Limited v/s DCIT (ITA No.584/H/2015) and consistently held that once the order under Section 143(3) r/w section 153A of the Act has been passed after taking prior approval of the ACIT under Section 153D of the Act, then the jurisdiction under Section 263 of the Act cannot be invoked. Therefore, the view taken by the Co-ordinate Bench of the Appellate Tribunal had attained finality. Hence, the ITAT, Indore has not committed any error of law by following the same view. 08. Even otherwise, as per Section 263 of the Act, the Principal Chief Commissioner or Principal Commissioner or Commissioner may call for and examine the record of any proceeding under this Act and if he considers that any order passe....