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Sushila Bhaurao Deshmukh v/s Principal Commissioner of Income Tax, Nagpur

Case No: ITAno.76/Nag./2022
Court: Income Tax Appellate Tribunal, Nagpur Bench
Date: 9/20/2024

Parties Involved

appellantSushila Bhaurao Deshmukh
respondentPrincipal Commissioner of Income Tax, Nagpur

Facts Summary

Sushila Bhaurao Deshmukh, the appellant, filed an appeal against the order passed by the Principal Commissioner of Income Tax (PCIT) under section 263 of the Income Tax Act, 1961. The PCIT had set aside the assessment order passed by the Assessing Officer (AO) under section 143(3) of the Act for the assessment year 2017-18. The appellant challenged the PCIT's order, arguing that the AO had conducted proper inquiries and the order was not erroneous or prejudicial to the interest of the revenue. The Tribunal examined the arguments and evidence presented by both parties and concluded that the PCIT had not provided valid reasons for setting aside the AO's order. The Tribunal quashed the PCIT's order and allowed the appeal.

Decision in favour of

Revenue

Legal Issues

  • 1. Whether the order passed by the PCIT under section 263 of the Act is valid?
  • 2. Whether the AO's assessment order is erroneous or prejudicial to the interest of the revenue?

Judgment Outcome

Decided in favour of Revenue.

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Sushila Bhaurao Deshmukh v/s Principal Commissioner of Income Tax, Nagpur | ITAno.76/Nag./2022 | 2024 | Opakhya