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TMI Blog2021 (8) TMI 975X X X X Extracts X X X X X X X X Extracts X X X X ..... jurisdiction u/s 263. The very reading of the clause 4.0 of the order would go to show that the Principal Commissioner, Income Tax is yet to arrive at his prima facie conclusion that the order of the AO was erroneous and in order to arrive at a satisfaction whether it was erroneous, the Principal Commissioner requires the matter to be examined further in depth. From such point of view, it is su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sel for the Income Tax Department. 2. An order under Section 263 of the Income Tax Act 1961 (for short, the IT Act) dated 31.03.2021 is assailed in this writ petition on the ground that the condition precedent of initiating a proceeding under Section 263 of the IT Act is absent in the present case and, therefore, the order impugned would be an order without jurisdiction. 3. Dr. Saraf, learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IT Act, the condition precedent is that the Principal Commissioner or the Commissioner may arrive at a satisfaction that any order passed by the Assessing Officer to be erroneous and to be prejudicial to the interest of revenue. 5. Dr. Saraf, learned senior counsel in support of his contention also refers to the propositions laid down by the Supreme Court in paragraph 10 of Commissioner of I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in clause 4.0, it is submitted that the Principal Commissioner of Income Tax while arriving at his conclusion on examination of the matter could not confirm accurately whether the assessee had not claimed the deduction in the earlier assessment orders and, accordingly, although the explanation of the assessee may be plausible, in the opinion of the Principal Commissioner it would be better if the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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