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TMI Blog2023 (4) TMI 1114X X X X Extracts X X X X X X X X Extracts X X X X ..... er under Section 263 of the Act was absent. Tribunal took note of the term record occurring in explanation (1)(b) of the Section 263 of the Act and held that the record shall include all documentary evidences which were submitted before the assessing officer and also those submitted before the PCIT in response to the show-cause notice issued u/s 263. PCIT is required to examine all docum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... JUSTICE T.S. SIVAGNANAM AND THE HON BLE JUSTICE HIRANMAY BHATTACHARYYA For the Appellant.: Mr. Soumen Bhattacharjee, Adv. For the Respondent : Mr. Dibanath Dey, Adv. Ms. Pallavi Pain, Adv. ORDER GA/1/2022 The Court : - Heard learned Counsel for either side. There is a delay of 82 days in filing the appeal. Upon perusal of the affidavit filed in support of the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provision Sec.2(14)(iii) of the Act? B. Whether the Learned Tribunal has committed substantial error in law in ignoring the required implementation of the provision of Section 54B relating to transfer/sale of claimed Agricultural Land by the assessee? C. Whether the Learned Tribunal has committed substantial error in law in not appreciating that the PCIT has correcting by invoke the power un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned Tribunal also pointed out assuming that the order of the PCIT is upheld the assessing officer will not be in a position to implement the order when it is an undisputed fact that the assessee has not made any claim under Section 54B of the Act. Furthermore, the learned Tribunal took note of the term record occurring in explanation (1)(b) of the Section 263 of the Act and held that the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mandatory requirement of Section 54B for the land put to agricultural use. Therefore, the learned Tribunal came to the conclusion that exercise of the jurisdiction under Section 263 of the Act is totally erroneous. That apart the learned Tribunal also took note of the various decisions as to the manner in which the enquiry is required to be conducted by the PCIT before he assumes jurisdiction und ..... X X X X Extracts X X X X X X X X Extracts X X X X
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