2024 (10) TMI 307

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....ter referred to as 'the Act') dated 27.03.2015. 2. The appeal in ITA No. 6117/Del/2016 arises out of consequential order passed by the ld AO pursuant to the order passed u/s 263 of the Act. 3. At the outset, we find that the appeal filed by the assessee in ITA No. 917/Del/2017 against the order passed u/s 263 of the Act is time barred by 629 days. The assessee filed an affidavit from its director, stating that the Chartered Accountant who was handling the matter had advised the assessee not to prefer any appeal to this tribunal against the revision order passed u/s 263 of the Act by the PCIT. This affidavit is further supported by an another affidavit from the concerned Chartered Accountant himself affirming the fact that he had indeed ad....

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.... of the Act to the assessee on 01.02.2013 requiring the assessee to furnish return of income. In response thereto, the assessee submitted that the original return filed on 30.09.2010 may be treated as return filed u/s 153C of the Act. Ultimately, the assessment u/s 143(3) read with section 153C of the Act for AY 2010-11 stood completed on 26.03.2013 by DCIT, Central Circle 17, New Delhi, accepting the returned loss. This assessment was framed after obtaining prior approval of the Additional CIT, Central Range-2, New Delhi in terms of section 153D of the Act. The ld PCIT by invoking his revision jurisdiction u/s 263 of the Act sought to revise this assessment framed u/s 143(3) read with Section 153C of the Act dated 26.03.2013 on the ground ....

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....e date of initiation of proceedings u/s 153C of the Act on 01.02.2013, proceedings before the ld TPO were pending. Hence, the original assessment proceedings and TPO proceedings gets abated as per the provisions of the Act. d. In the search proceedings u/s 153C of the Act, no fresh reference to ld TPO u/s 92CA(1) of the Act was made by the AO. e. The ld PCIT does not invoke revision jurisdiction u/s 263 of the Act on the ground that no fresh reference was made by ld AO to ld TPO u/s 92CA(1) of the Act, instead, the ld PCIT says that the ld AO ought to have waited for the order of ld TPO based on the old reference made by the ld AO to ld TPO. f. As stated earlier, when the original assessment and TPO proceedings gets abated pursuant to....

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....er the Id. PCIT has not taken account of the fact that the assessments were completed after prior approval of the competent authority. Thus, we are of the considered view that at the time of examining the issue as to if the assessment order is erroneous so far as prejudicial to the interest of the Revenue, the Id. revisional authority is not only supposed to see the assessment record of AO, but also the record of the approval which as far as the revisional authority is concerned becomes "record" of the quasi judicial authority whose order is being examined by invoking the revisional jurisdiction. Therefore, without giving a finding that the prior approval u/s 153D was vitiated and was also erroneous so far as prejudicial to the interest of ....