Udaising U. Jadhav vs. Pr.CIT-3, Pune

Parties Involved

Facts Summary

The appellant, Udaising U. Jadhav, filed an appeal against the order of the Principal Commissioner of Income Tax, Pune-3, dated 14.02.2024, passed under section 263 of the Income-tax Act, 1961 for the assessment year 2018-19. The appellant, deriving income under the head 'Business', had filed a return of income declaring income of Rs.12,58,650/-. The Assessing Officer completed the assessment at a total income of Rs.20,58,650/-. The Principal Commissioner of Income Tax found that the appellant had received remuneration of Rs.37,00,000/- from partnership firms, which was not fully disclosed. The PCIT issued a show cause notice under section 263, which the appellant did not comply with. The PCIT passed an ex parte order setting aside the assessment order to the file of the Assessing Officer for passing a fresh assessment order. The appellant contended that the order passed under section 263 was not valid due to the lack of valid notice service. However, the Tribunal found that the appellant had failed to show an apparent mistake in the exercise of jurisdiction and had not complied with the notices issued by the PCIT.…

Legal Issues

• 1. Whether the order passed by the Principal Commissioner of Income Tax under section 263 is valid?
• 2. Whether the appellant had failed to comply with the notices issued by the Principal Commissioner of Income Tax?

Judgment Outcome

Decided in favour of Partly Assessee / Partly Revenue.

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