2025 (3) TMI 2016

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....T-DR ORDER PER SATBEER SINGH GODARA, JUDICIAL MEMBER: This assessee's appeal for Assessment Year 2018-19, arises against the PCIT(Central), Delhi-1's DIN & order No. ITBA/REV/F/REV5/2023-24/1062361782(1) dated 11.03.2024, in proceedings u/s 263 of the Income Tax Act, 1961 (in short "the Act"). 2. Heard both the parties at length. Case file perused. 3. This assessee's appeal raises t....

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....Rs. 46,20,366/- by not considering the fact that LD. AO had passed the order under sec 143(3) dtd. 03.06.2021 considering the legal position and merits prevailing at that time. (b) That the PCIT erred in law in reactivating the issue of disallowance of employees contribution under sec. 36(1)(va) that had been accepted and had reached finality at the time of original assessment proceedings....

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.... the assessment year 2018-19 involved before us only whereas the above amendment came much latter vide Finance Act, 2022 only. Case law PCIT Vs. Era Infrastructure (I) Ltd. (2022) 448 ITR 674 (Del.) has already settled the issue in assessee's favour and against the department that the above amendment carries prospective effect only. We thus accept the assessee's instant first and foremost substant....