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TMI Blog2024 (10) TMI 307X X X X Extracts X X X X X X X X Extracts X X X X ..... escaped assessment in the hands of the assessee u/s 153C thereby the order of the AO became prejudicial to the interest of revenue. HELD THAT:- PCIT does not invoke revision jurisdiction u/s 263 of the Act on the ground that no fresh reference was made by AO to TPO u/s 92CA(1) of the Act, instead, the PCIT says that the AO ought to have waited for the order of ld TPO based on the old reference made by the AO to TPO. As stated earlier, when the original assessment and TPO proceedings gets abated pursuant to initiation of proceedings u/s 153C of the Act and the AO in the search assessment proceedings u/s 143(3) read with Section 153C of the Act had chosen in his wisdom not to make fresh reference to ld TPO u/s 92CA(1) of the Act, how any err ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... BALAGANESH, A. M.: 1. The appeal in ITA No. 917/Del/2017 for AY 2010-11, arises out of the order passed by the Pr. Commissioner of Income Tax, Central-2, New Delhi [hereinafter referred to as ld. PCIT , in short] u/s 263 of the Income-tax Act, 1961 (hereinafter referred to as the Act ) dated 27.03.2015. 2. The appeal in ITA No. 6117/Del/2016 arises out of consequential order passed by the ld AO pursuant to the order passed u/s 263 of the Act. 3. At the outset, we find that the appeal filed by the assessee in ITA No. 917/Del/2017 against the order passed u/s 263 of the Act is time barred by 629 days. The assessee filed an affidavit from its director, stating that the Chartered Accountant who was handling the matter had advised the assessee n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he case of TINNA group of cases. During the course of search, certain documents pertaining to assessee company were found. Therefore, after recording satisfaction note in terms of section 153C of the Act, a notice was issued u/s 153C read with section 153A of the Act to the assessee on 01.02.2013 requiring the assessee to furnish return of income. In response thereto, the assessee submitted that the original return filed on 30.09.2010 may be treated as return filed u/s 153C of the Act. Ultimately, the assessment u/s 143(3) read with section 153C of the Act for AY 2010-11 stood completed on 26.03.2013 by DCIT, Central Circle 17, New Delhi, accepting the returned loss. This assessment was framed after obtaining prior approval of the Additiona ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was carried out in TINNA group of cases on 11.11.2010. Certain documents pertaining to assessee company were found during the course of that search. Accordingly a notice under section 153C of the Act was issued to the assessee on 01.02.2013. c. On the date of initiation of proceedings u/s 153C of the Act on 01.02.2013, proceedings before the ld TPO were pending. Hence, the original assessment proceedings and TPO proceedings gets abated as per the provisions of the Act. d. In the search proceedings u/s 153C of the Act, no fresh reference to ld TPO u/s 92CA(1) of the Act was made by the AO. e. The ld PCIT does not invoke revision jurisdiction u/s 263 of the Act on the ground that no fresh reference was made by ld AO to ld TPO u/s 92CA(1) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of Devender Kumar Gupta V. PCIT reported in 166 taxmann.com 95 (Delhi Tribunal) vide order dated 30.08.2024. The relevant operative portion of the said tribunal order is reproduced herein below:- 9. We find that in the impugned order the Id. PCIT has not taken account of the fact that the assessments were completed after prior approval of the competent authority. Thus, we are of the considered view that at the time of examining the issue as to if the assessment order is erroneous so far as prejudicial to the interest of the Revenue, the Id. 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 quas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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