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2023 (10) TMI 615 - AT - Income TaxRevision u/s 263 - grant additional TDS credit - Tribunal allowing the appeal of the assessee 2022 (7) TMI 1406 - ITAT DLEHI - HELD THAT - As first revision order passed u/s 263 of the Act by the Ld. PCIT dated 23/03/2020 the said issue was already decided by the CIT(A) vide order dated 08/05/2019. Hence on the date of initiation of section 263 proceedings on 02/08/2019 CIT(A) had already disposed of the appeal on 08/05/2019 by adjudicating the issue on merits. Hence this issue of grant additional TDS credit was already considered and decided by the Ld. CIT(A) by his order dated 08.05.2019. Hence for adjudication of very same issue the Ld. PCIT cannot invoke revision proceedings u/s 263 of the Act in view of the provisions of Explanation-1(c) to section 263(1) of the Act. Assessee appeal allowed.
Issues involved:
The appeal challenges orders passed by the Learned Principal Commissioner of Income Tax under section 263 of the Act for the assessment year 2012-13. ITA No. 277/Del/2021: The assessee raised multiple grounds challenging the jurisdiction and findings of the Learned Commissioner of Income Tax, International-1 New Delhi under section 263 of the Act. The grounds included issues related to the validity of the order passed during lockdown, failure to consider High Court orders, incorrect address mention, assumption of jurisdiction, correctness of capital gains computation, and withholding of refund without independent inquiry. ITA No. 531/Del/2021: Similar to the first appeal, the assessee raised objections against the jurisdiction and findings of the Commissioner of Income Tax, International Tax - 1 New Delhi under section 263 of the Act. The grounds included challenges regarding the timing of the revision order, validity of notices issued, failure to consider appeal before ITAT, assumption of judicial/appellate authority, correctness of capital gains computation, lack of independent inquiry, and denial of income tax refund under relevant sections. The Tribunal dismissed Ground No.1 in ITA No. 277/Del/2021 as not pressed by the assessee. The validity of the first revision order passed under section 263 of the Act was contested due to lack of signature. The subsequent revision order digitally signed was also considered. The assessment history, rectification orders, and appeal proceedings were reviewed to determine the validity of the revision orders. The Tribunal found that the issue in dispute in the first revision order was already decided by the CIT(A) before the initiation of section 263 proceedings. Therefore, the revision orders passed by the Principal Commissioner of Income Tax were deemed against the provisions of the Act and quashed. Consequently, both appeals of the assessee were allowed. Order pronounced in the open court on 28th June, 2023.
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