2024 (6) TMI 593

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....er passed u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred as 'the Act'), by the DCIT, Central Circle-31, New Delhi (hereinafter referred to as the Ld. AO). 2. Heard and perused the record. At the outset, the ld.AR has pointed out that there was a delay in filing the appeal. The ld. AR has submitted that the period of delay stands covered by the Hon'ble Supreme Court directions in Writ Petition (Civil) No.3 of 2020 wherein due to Covid-19 pandemic, the date of filing of the appeal was extended. The ld. DR could not dispute this. Accordingly, the application is allowed. 3. Further, it comes up that the assessment order was passed making two additions. However, the ld. PCIT was not satisfied and had invoked his powers u/s 263 of....

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.... to the assessee asking him as to why the assessment order so passed should not be revised as the same was erroneous & prejudicial to the interest of the revenue. 5. Ld. PCIT observes in the impugned order that in response to the show-cause notice the assessee filed reply through webmail on 16.03.2021. The reply of the assessee is discussed in brief as under: 5.1As with regards to the undisclosed TDS, the assessee stated that it is not aware to which TDS is being referred to in the show cause notice and asked to provide the specific detail/particulars of the undisclosed TDS from ld. PCIT. 5.2 Similarly, with regards to the difference in purchases shown in the ITR w.r.t. to the invoice value of the imports, the assessee again asked ld. PC....

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.... had made a proposal for proceedings by ld. PCIT . The ld. AR has also submitted that by order dated 11.06.2018 in Appeal No.318/17-18, CIT(A)-31, Delhi has allowed the appeal of the assessee and the additions made stood deleted. Further, a copy of the letter dated 26.11.2018 by ACIT, Nodal Officer (Audit) addressed to the Joint Commissioner of Income-tax, Central Range-8, New Delhi is relied wherein certain audit objections in regard to the case of the assessee for AY 2015-16 stand mentioned. This reminder dated 26.11.2018 was in continuation to earlier letter dated 12.11.2018.   Further, a copy of the letter dated 27.09.2018 from the AO, Deputy Commissioner of Income-tax addressed to Central Circle-31, addressed to PCIT, Central....

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....ent made by the learned Standing Counsel is that it is the PCIT who has exercised jurisdiction under Section 263 of the Act. From the order passed by the Tribunal we find that the department could not controvert the contents of the letter dated 18th August, 2016. If, according to the department, the contents of the letter were otherwise, then it is for the department to approach the Tribunal for necessary rectification or clarification and the correctness of the order of the Tribunal cannot be decided by us in an appeal under Section 260A of the Act by bringing certain submissions which were never made before the Tribunal. Therefore, we are not inclined to interfere with the order passed by the Tribunal and accordingly, the appeal is dismis....