9911796707
TMI Blog2024 (11) TMI 1098X X X X Extracts X X X X X X X X Extracts X X X X ..... D THAT:- It is noted that the Coordinate Bench of Amritar in case of Avtar Singh [ 2023 (8) TMI 1566 - ITAT AMRITSAR] on similar circumstances had held that if the person is deceased and legal heir has been brought on record, mentioning of PAN of the deceased person in the order will render the order a nullity. No contrary decision has been shown to us. Accordingly, respectfully following the precedent of the Amritsar Coordinate Bench, as aforesaid, we quash the order of the Pr. CIT u/s. 263 of the Act. Appeal filed by the Assessee stands allowed. - Shri Shamim Yahya, Accountant Member, And Shri Vimal Kumar, Judicial Member For the Appellant : Sh. Salil Kapoor, Adv. Sh. Anil Chachra, Adv. For the Respondent : Shri Sanjay Pandey, CIT(DR) O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the view taken by the Assessing Officer is a plausible view. All necessary enquires/investigations, /verification relating to the issue referred in the order of the PCIT under Section 263 of the Act were made by the AO while framing the assessment under 143(3) of the Act. Thus, the notice issued and the impugned order are beyond the preview of Section 263 of the Act and hence, the order passed under Section 263 is liable to be quashed. 6. That, the PCIT has not understood the Assessment order correctly as the PCIT has treated the Assessment order passed on limited scrutiny whereas the Assessment order recognizes the same as case of full/complete scrutiny and as such the order passed under Section 263 of the Act is passed without application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee, on which TDS @10% was also deducted. In the return of income in Schedule EI, the assessee has claimed interest income of Rs. 2,54,24,007/- as exempt. The case of the assessee was selected for scrutiny through CASS for verification of the issue of income from other sources and refund claim. AO completed the assessment u/s. 143(3) r.w.s. 143(3A) 143(3B) of the Act on 09.03.2021 on the returned income. 3. The Pr. CIT exercises his powers u/s. 263 of the Act and was of the opinion that AO had completed the assessment without carrying out the necessary and proper enquiry in respect of tax treatment of interest received on compensation or enhanced compensation. After discussion of the facts and response of the assessee, Ld. Pr. CIT gave ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before us. 5. Ld. counsel for the assessee submitted that notice u/s. 263 of the Act was given in the name of the deceased person. The assessee informed the Ld. Pr. CIT and thereafter notice was given to the legal heir, but in the final order the PAN Number was mentioned of the deceased person. Ld. Counsel for the assessee submitted that on identical circumstances the Amritsar Bench of the Tribunal in ITA No. 165/Asr/2023 (AY 2018-19) in the case of Avtar Singh vs. PCIT-1, Jalandhar had concluded as under:- In the light of these discussions and placing respectfully reliance on the decisions of the Hon ble Supreme Court in the case of Maruti Suzuki India Ltd. (Supra), Hon ble High Court in the case of e-Mudra (supra) Savita Kapila legal hei ..... X X X X Extracts X X X X X X X X Extracts X X X X
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