Ltd. vs. Principal Chief
Commissioner of Income Tax (2024) 168 taxmann.com 197 (Del.),
we observe that in both the cases, no enquiry was raised by the AO
during the original assessment proceedings on the issues involved
in the proceedings u/s 263 of the Act and therefore the Hon'ble
High Courts have affirmed the decisions of the Pr. CITs u/s 263 of
the Act but here admittedly the instant case is factually dissimilar to
the aforesaid cases and therefore the said judgements would not
applicable to the instant case .
In this regard other than the
case laws cited supra, the Ld. Counsel for the assessee placed before us
two decisions one rendered by Lucknow Bench of ITAT in the case of
Inder Kumar Bachani (HUF) vs ITO 99 ITD 621 (Luck) and ITAT Mumbai '
G ' Bench in the case of M/s. Westlife Development Ltd. Vs Principal C.I.T.
in ITA NO.688/Mum/2016. In both the decisions a view has been taken by
the Tribunal that when an Assessment order passed u/s 147 of the Act
was without jurisdiction, the Ld. PCIT cannot invoke the jurisdiction u/s
263 of the Act against such void or non-est order. In the second decision
cited, the Mumbai bench of the Tribunal has specifically framed the
following questions :-
In this regard other than the case laws
cited supra, the Ld.AR for the assessee placed before us two decisions
one rendered by Lucknow Bench of Tribunal in the case of Inder Kumar
Bachani (HUF) vs ITO 99 ITD 621 (Luck) and the Mumbai Tribunal ' G '
Bench in the case of M/s. Westlife Development Ltd. Vs Principal C.I.T. in
ITA No.688/Mum/2016. In both the decisions a view has been taken by
the Tribunal that when an Assessment order passed u/s 147 of the Act
was without jurisdiction, the Ld. PCIT cannot invoke the jurisdiction u/s
263 of the Act against such void or non-est order. In the second decision
cited, the Mumbai bench of the Tribunal has specifically framed the
following questions :-