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M/s. Sri Varalaxmi Projects Private Limited vs. Income Tax Officer

Case No: ITA No.486/Hyd/2024
Court: Income Tax Appellate Tribunal, Hyderabad 'A' Bench
Date: 9/23/2024

Parties Involved

appellantM/s. Sri Varalaxmi Projects Private Limited
respondentIncome Tax Officer, Ward-3(1), Hyderabad

Facts Summary

The assessee, a private limited company in the business of construction and development, filed its return of income for the Assessment Year 2015-16 declaring an income of Rs.40,69,920/-. The return was processed under section 143(1) of the Income Tax Act, 1961, and the case was reopened under section 148 of the Act. The Assessing Officer issued a questionnaire under section 142(1) of the Act, seeking details about the source of payments made to sundry creditors and other financial transactions. The assessee responded comprehensively, and the Assessing Officer could not make any addition in reassessment proceedings. The Principal Commissioner of Income Tax, Hyderabad-1 (PCIT-I) issued a notice under section 263 of the Act, questioning the correctness of the Assessing Officer's order. The assessee challenged the PCIT-I's order, arguing that the PCIT-I erred in assuming jurisdiction and that the source of payments made to creditors was adequately explained. The Tribunal found merit in the assessee's arguments and quashed the PCIT-I's order.

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the PCIT-I was justified in assuming jurisdiction under section 263 of the Act?
  • 2. Whether the Assessing Officer conducted a proper inquiry?

Judgment Outcome

Decided in favour of Assessee.

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