Jeetendra Patidar{ L/h. of Late shri Satyanarayan Patidar}, Indore Vs The Pr. CIT-2, Indore

IN THE INCOME TAX APPELLATE TRIBUNAL
INDORE BENCH, INDORE

BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER
AND
SHRI MANISH BORAD, ACCOUNTANT MEMBER

ITA No.486/Ind/2019
Assessment Year:2015-16

Shri Jitendra Patidar (L/H of Late Shri Satyanarayan Patidar) 184,Khajrana Main Rd.Khajarana, Indore
(Appellant) 

Vs.

Pr. CIT-2 Indore
(Revenue )
 

P.A. No.BXEPP0823N
Appellant by Shri S.N. Agrawal, CA
Revenue by Smt. Ashima Gupta, CIT-DR

Date of Hearing: 01.10.2020
Date of Pronouncement: 21.10.2020

O R D E R

PER KUL BHARAT, J.M:

This appeal by the assessee is directed against the order of ld. Pr. Commissioner of Income Tax(in short ‘Ld. Pr. CIT’,-2 Indore dated 29.03.2019 pertaining to assessment year 2015-16.The assessee has raised following grounds of appeal:

“1. That on the facts and in the circumstances of the case and in law, the Ld. Pr. CIT erred in setting aside the order as passed by the assessing officer under section 143(3) of the Act by invoking the provisions of section 263 of the Act even when the order as passed by the assessing officer was neither erroneous nor prejudicial to the interests of the revenue.

2. That on the facts and in the circumstances of the case and in law, the Ld. Pr. CIT erred in setting aside the roder as passed by the assessing officer by invoking the provisions of section 263 of the Act even when the order was passed by the assessing officer under section 143(3) of the Act after conducting necessary enquiries and after due application of mind.

3.That on the facts and in the circumstances of the case and in law, the Ld. Pr. CIT erred in setting aside the order as passed the assessing officer by invoking the provisions of section 263 of the Act without properly appreciating the facts of the case and submissions made before him even when amount of investment in agricultural land of Rs.1,40,18,850/- claimed as deduction under section 54B of the Act was legal and proper.4. The assessee craves leave to add, alter modify the grounds of appeal as taken by him.

2. The facts giving rise to the present appeal are that the in this case assessment was completed by the assessing officer u/s 143(3) of the Income Tax Act 1961 (hereinafter referred as the Act) on 27.03.2017, assessing the income at Rs. 2,98,060/-. Subsequently, the Ld. Pr. CIT on going through assessment records found that certain points which were mentioned in the selection of the case for scrutiny under CASS were not taken into consideration by the assessing officer while completing assessment u/s 143(3) of the Act. The Ld. Pr. CIT was of the view that the assessing officer passed an order without making required investigation for examination which has resulted the assessment being erroneous in so for as it is also prejudicial to the interest of the revenue. Hence, Ld. Pr. CIT issued notice u/s 263 of the Act calling upon the assessee as to why assessment order should not be revised. Basis of issuing notice u/s 263 is recorded in para 3 of the show cause notice which is reproduced as under:

To know more in details find the attachment file