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Falcon Vincon Private Limited , ... vs Pr.Cit-3, Kolkata on 7 February, 2020

In the instant case, during the assessment proceedings u/s 143(3) of the Act, the issue relating to main object' and 'nature of business' of the assessee company was not examined and verified in the light of the decision rendered by the Hon'ble Supreme Court in the case of M/s Chennai Properties & Investment Ltd. Vs.CIT (supra).This has certainly made the assessment order as erroneous as well as prejudicial to the interest of revenue and thus, amenable to interference by Pr.CIT by invocation of revisionary power of the Act. In view of the facts stated above, the assessment 4 ITA No.1159 / Ko l /2 019 Falcon Vincon Private Limited Order passed by the A.O. has become erroneous and prejudicial to the interests of revenue which will called for intervention of the Section 263 of the Act.
Income Tax Appellate Tribunal - Kolkata Cites 17 - Cited by 0 - Full Document

Misrilall Mines Pvt. Ltd., Kolkata vs Pcit-2 , Kolkata on 28 March, 2023

The ld AR further argued that Hon'ble Delhi High Court in the case of CIT vs. Sunil Lamba in ITA 465/2003 dated 20.03.2019after considering the above two decisions of the Honble Apex Court has held that the jurisdiction u/s 263 of the Act is not available in respect of debatable issue in question no. 2 at page no. 11 of the said decision. The Ld. A.R finally prayed that the order of Ld. PCIT may kindly be quashed in view of the above legal proposition.
Income Tax Appellate Tribunal - Kolkata Cites 9 - Cited by 0 - Full Document
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