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TMI Blog2024 (9) TMI 210X X X X Extracts X X X X X X X X Extracts X X X X ..... , the ld. revisional authority is not only supposed to see the assessment record of AO, but also the record of the approval which as far as the revisional authority is concerned becomes record of the quasi judicial authority whose order is being examined by invoking the revisional jurisdiction. Therefore, without giving a finding that the prior approval u/s 153D was vitiated and was also erroneous so far as prejudicial to the interest of the Revenue, the assessment order independently cannot be held to be erroneous so far as prejudicial to the interest of the Revenue. Thus, order passed by the PCIT is unsustainable due to lack of jurisdiction in invoking section 263 of the Act for the reason that the same was passed upon taking prior approv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jeev Stone Crushing Company and found that certain payments were made otherwise than account payee cheque drawn on a bank or account payee bank draft or use of electronic clearing system and the amounts exceeding Rs. 10,000/- or Rs. 20,000/- were accordingly found to be paid in contravention of the provisions of section 40A(3) of the Act and ld. PCIT was of the opinion that the same should be disallowed and, accordingly, after show-causing the assessee and considering the reply, had directed the AO to pass an order afresh which has been challenged before us by the assessee. The grounds in the four appeals are similar except for the amounts mentioned and, therefore, were together heard and are decided together for the convenience and to avoi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taxmann.com 231 (Del- Trib); iii) Gyan Infrabuild (P) Ltd. vs. PCIT (2024) 162 taxmann.com 664 (Patna); iv) BU Bhandari Schemes v. Pr. CIT [IT Appeal Nos. 637 to 641/Pune/2018 dated 14-11-2018]; v) Vishwa Infraways (P.) Ltd. v. CIT (Central) [IT Appeal Nos. 596,597 599/Pune/2015]; vi) Rasi Kalal M. Dhariwal (HUF) v. CIT [IT Appeal Nos. 1102 to 1107/ Pune / 2014]; vii) Ramamoorthy Vasudevan v. PCIT [IT Appeal Nos. 967 968/Pune/2016]; viii) Dhariwal Industries Ltd. v. CIT [IT Appeal Nos. 1108 to 1113 (Pune) of 2014, dated 23-12-2016]; ix) Smt. Nama Chinnamma v. Dy. CIT [IT Appeal Nos. 1150-1157 (Hyd.) of 2015, dated 9-8-2017]; x) Trinity Infraventures Ltd. v. Dy. CIT [IT Appeal Nos. 584-589 (Hyd.) of 2015, dated 4-12-2015]; xi) S. Satyanaraya ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment order is erroneous so far as prejudicial to the interest of the Revenue, the ld. revisional authority is not only supposed to see the assessment record of AO, but also the record of the approval which as far as the revisional authority is concerned becomes record of the quasi judicial authority whose order is being examined by invoking the revisional jurisdiction. Therefore, without giving a finding that the prior approval u/s 153D was vitiated and was also erroneous so far as prejudicial to the interest of the Revenue, the assessment order independently cannot be held to be erroneous so far as prejudicial to the interest of the Revenue. 9.1 The catena of judicial pronouncements relied by the ld. AR have also laid down the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and accepted the return submitted by the assessee, then the same authority cannot exercise the power under Section 263 of the Act to reverse the order of Assessing Officer. 10. The judgement which the ld. DR has relied is not applicable as in that judgement, this aspect was not actually examined at all and only for the reason that there also the impugned assessment order was passed u/s 153A of the Act, does not lay down a view contrary to the one we are relying above. 11. In the light of the aforesaid discussion, we are inclined to allow grounds No.2 and 3 for AYs 2015-16 and 2016-17; and ground No.3 in AYs 2017-18 and 2018-19. Consequently, the appeals are allowed and the impugned orders in respective years are quashed. Order pronounced i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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