2024 (9) TMI 210

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....after referred as 'the Ld. PCIT') in Appeal Nos. PCIT (Central), Gurgaon/Revision- 263/100000653484/2024, PCIT (Central), Gurgaon/ Revision 263/100000653483/2024, PCIT (Central), Gurgaon/ Revision- 263/100000653482/2024 and PCIT (Central), Gurgaon/ Revision- 263/100000652485/2024, respectively arising out of the assessment orders dated 25.09.2021 passed u/s 153A of the Act by the ACIT, Central Circle, Faridabad ('the ld. AO' for short). 2. The facts of the case, in brief, are that consequent to search and seizure operations, the case of the assessee, who is in the business of stone crusher, the assessments were completed u/s 153A of the Act on the returned income. However, the ld.PCIT was not satisfied and, accordingly, invoked the revisio....

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....ed by the ld. DR and, thus, we are of the considered view that on this ground alone in regard to AYs 2015-16 and 2016- 17, the impugned order of PCIT u/s 263 of the Act is not sustainable as what could not have been done by the AO u/s 153A cannot be made to be done by AO by invoking the provisions of section 263A of the Act. 5. Further, the ld. AR has submitted that in regard to the assessment orders under consideration for the four years, the assessment orders were passed u/s 153A of the Act after approval of Addl. CIT u/s 153D dated 24.09.2021. It was submitted by the ld. AR that an order which has been subject of approval u/s 153D of the Act cannot be subject to revision u/s 263 of the Act and for that the ld. AR has relied the followin....

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....pect of the controversy and we find that a specific ground No.2 is raised by the assessee as follows:- "2. That the asstt. Order passed u/s 153A r.w.s. 143(3) after getting an approval of Addl. Commissioner U/s 153D could not be revised u/s 263, hence Ld. PCIT exceeded his jurisdiction in invoking Sec.263 in respect of impugned asstt. Order framed u/s 153A r.w.s. 153D." 8. The assessment orders make it categorical that the same are passed with statutory approval of Addl. Commissioner of Income-tax, Central Range, Gurgaon communicated vide his office letter F. No. Addl.CIT(CR)/GGM/2021- 22/664 dated 24.09.2021 in accordance with section 153D of the Income Tax Act. 9. We find that in the impugned order the ld. PCIT has not taken account o....

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....the Act, was not challenged by the Department before the Hon'ble High Court or the Hon'ble Supreme Court and, thus, the Hon'ble Madras High Court in its judgement dated 01.04.2024 has held as follows:- "8. 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 passed therein by the Assessing Officer, is erroneous in so far as it is prejudicial to the interests of the Revenue, he may make enquiry as he deems necessary, pass such order thereon as the circumstances of the case justify. For passing any order under Sections 143(3) & 153A of the Act, prior approval of Joint Co....