2025 (8) TMI 1096

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....th Rule 8 of ITAT Rules, they are descriptive and argumentative in nature. In brief, the assessee has taken three grounds of appeal but under Ground No.2, it has taken five sub-grounds. However, a perusal of the record would show that first preliminary jurisdiction at issue involved in this appeal is : "Whether the ld. CIT can take action under Section 263 and revise an assessment order which in itself is without jurisdiction". 3. The brief facts of the case are that assessee has filed its return of income on 30.09.2014 declaring 'nil ' income. The copy of the return is available on the record at page 2 of the Paper Book wherein a loss of Rs. 52,75,311/- has been declared. The case of the assessee was selected for scrutiny asses....

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.... cases or classes of cases of cases specified in the corresponding entries in column (6) of the said Schedule, of such persons or classes of persons being residents or not ordinarily residents in India as per section 6 of the Income Tax Act, 1961 and as specified in corresponding entries in column (5) of the said schedule, and residing in such territorial areas as specified in the corresponding entries in column (4) of the said schedule in respect of all incomes or classes of income thereof. Explanation: For the purpose of this order, (i) "residing" means,- (a) in the case of an individual, place of residence, unless otherwise provided in this order; (b) 4 in the case of an Hindu undivided family....

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....er passed by the ITO, Kullu is without jurisdiction and if this assessment order is without jurisdiction, then ld. Commissioner cannot revise that order to make it legal. It is not a clerical illegality which can be cured by the higher officer by exercising revisional powers. 6. The ld. CIT DR was unable to controvert this legal submission. 7. We have duly considered the rival contentions and gone through the order of the JCIT, Mandi dated 15.11.2014. We have extracted the relevant part of this order above and perusal of this would indicate that under the Explanation-D, ld. JCIT has specified that in appropriate cases, 'Income' includes "loss". In the present case, assessee has declared a loss of Rs. 52,75,311/-. Therefore, it be trea....