Anand Kumar Bansal,Bilaspur vs Principal Commissioner Of Income Tax, ... on 13 November, 2025
7. That on perusal of the order of the Pr. CIT u/s. 263 of the Act, it is
discernable that the revenue is aggrieved on two counts. Viz. (i) the
omission of the A.O to consider relevant facts regarding the assessee which
has been brought out in the order passed u/s.263 of the Act by the Pr. CIT
which led to escapement of income of Rs.7,54,202/- and (ii) resultant
under levy of tax of Rs.2,26,529/- and consequential interest u/s. 234A &
234B of the Act of Rs.27,183/- and Rs.2,44,651/- respectively causing
thereby under levy of aggregate tax and interest of Rs.2,71,835/-. In these
two areas, we find that there is no discussion by the A.O in the assessment
order nor any enquiry has been conducted. That going through the
assessment order, it is absolutely clear that such assessment has been
done in a summary manner accepting the return income as well as the
reply of the assessee. That on plain reading of Section 263 of the Act a/w.
Explanation-2 of the said provision of the Act, since the assessment order
has been passed without making inquiries or verification and the order is
passed allowing relief without inquiring into the claim and also considering
the deeming nature in Explanation-2, the assessment order, therefore, is
erroneous in so far it is prejudicial to the interest of the revenue. That
clearly the facts were not considered by the A.O as brought on record by
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Anand Kumar Bansal Vs. Pr. CIT, Raipur-1
ITA No.133/RPR/2025
the Pr. CIT in his order observing the assessment order therefore to be
erroneous so as to be prejudicial to the interest of the revenue.