Ashwini Sahakari Rugnalay and Research Centre vs. Pr.CIT (Central)

Parties Involved

Facts Summary

The assessee, Ashwini Sahakari Rugnalay and Research Centre, filed an appeal against the order of the Principal Commissioner of Income Tax (Pr.CIT) Central Pune, which had set aside an order passed by the Assessing Officer under section 147 read with section 143(3) of the Act. The assessee argued that the Principal Commissioner erred in revising the assessment order, which was already quashed by the Commissioner of Income Tax (Appeals) on the ground that no notice under section 143(2) of the Act was issued by the Assessing Officer. The Tribunal considered the submissions and found that the order passed by the Principal Commissioner was erroneous and prejudicial to the interest of the revenue. The Tribunal allowed the appeal and set aside the order of the Principal Commissioner.…

Legal Issues

• 1. Whether the order passed by the Principal Commissioner of Income Tax is erroneous and prejudicial to the interest of the revenue?
• 2. Whether the order passed by the Assessing Officer under section 147 read with section 143(3) of the Act is void-ab-initio and bad in law?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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