Tax deduction liability on infrastructure charges paid to HUDA cannot be reopened when issue pending at CIT(A) level.

The ITAT allowed the assessee's appeal and set aside the order passed u/s 263. The issue pertained to the liability u/s 201/201(1A) for non-deduction of tax at source on payments made to HUDA for external/infrastructure development charges. The ITAT observed that the issue was pending before the CIT(A), and the PCIT should not have initiated proceedings u/s 263 when the matter was sub-judice. The ITAT held that the AO's order was not erroneous when passed, and there was no prejudice to the Revenue's interest. The ITAT concluded that the PCIT's invoking of Section 263 was unjustified, and the assessee's appeal was allowed. .....

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