9911796707
TMI Blog2021 (10) TMI 873X X X X Extracts X X X X X X X X Extracts X X X X ..... cer (A.O.) dated 29.12.2017 under section 143(3) of the Act concerning Assessment Year (A.Y.) 2015-16 was sought to be set aside for reframing the assessment in terms of supervisory jurisdiction. 2. As per its grounds of appeal, the assessee has challenged the revisional action of the PCIT whereby the Assessing Officer (A.O.) was directed to pass the assessment order denovo after making enquiries on the points set out in the notice which has already examined and considered during the original assessment proceedings concerning A.Y. 2015-16. The assessee has challenged the assumption of jurisdiction by the PCIT under section 263 of the Act on the ground that the Assessment Order under revision is neither erroneous nor prejudicial to the inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... visional Commissioner thus alleged that there was no application of mind by the A.O. on issues noted above and no enquiry whatsoever was carried out. The PCIT accordingly passed a revisional order under section 263 of the Act and directed the A.O. to frame the assessment in the light of directions given in the revisional order. 5. Aggrieved by the aforesaid actions of the PCIT, the assessee preferred appeal before the Tribunal agitating supervisory jurisdiction usurped by the PCIT under section 263 of the Act. 6. We have heard the rival submissions on the issue. i) As regards the mismatch in the turnover, the assessee contends that the turnover shown in the Profit & Loss account is admittedly higher than the turnover shown in the tax au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are audited and certified. The PCIT has not brought on record that while turnover has remained static and expenses have been inflated. On the other hand, we observe that the revenue from operation has increased from 55.14 crores to 72.19 crores this year. The PCIT while raising such points, ought to have applied his mind to the overall state of affairs. Such generic and non-descript direction, if permitted, could render every assessment order susceptible to revisional proceedings. 7. Besides, the PCIT has issued notice on 15.03.2021 asking the assessee for attendance on same day and thereafter has passed the order within ten days on 26.03.2021. In our view, it is the PCIT who has acted in haste and without due application of mind to such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cope of limited scrutiny having regard to the guidelines issued by CBDT vide Instruction No. 5 dated 14.07.2016 in this regard. The PCIT cannot ask the A.O. to travel beyond the scope of enquiry assigned by him under 'limited scrutiny'. A reference can be made in this regard to the decision of co-ordinate bench in the case of Akashganga Promoters & Developers vs. DCIT - ITA No. 164/CTK/2019, Sanjeev Kumar Khemka vs. PCIT - ITA No. 1361/CAL/2016 and Suraj Diamond Dealer Pvt. Ltd. vs. PCIT - ITA No. 3098/MUM/2019. We thus have no hesitation to hold that the action of the A.O. cannot be branded as erroneous. The exercise of jurisdiction under section 263 of the Act is thus without authorities of law and hence fails. 9. Having addresse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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