On April 12, 2021, Ravi Estate (P) Ltd, represented by Sh. Sachin Kumar, CA, and Sh. Achin Garg, Advocate, filed an appeal challenging the order passed under section 263 of the Income-tax Act, 1961 by the Principal Commissioner of Income-tax (PCIT)-7, Delhi. The appeal was directed against revisions to the assessments made for the year 2015-16.
The Bench, presided over by Shri G.S. Pannu, President, and Shri Saktijit Dey, Judicial Member, heard the case. Despite thorough reviews, no consequential order was passed by the Assessing Officer within the legally stipulated timeframe following the PCIT’s decision, rendering the appeal infructuous. However, the panel dismissed the appeal with liberty to the appellant to seek revival should consequential actions be taken later.
The final judgment was pronounced in the open court on May 29, 2023. The tribunal found that the directions given in the PCIT’s order could not be implemented, as the consequential order was never passed. Thus, the appeal was dismissed but left open for potential revival based on future developments.
This case highlights the procedural complexities and the importance of timely execution of orders in tax litigation. The decision underscores the necessity for the Assessing Officer to follow through with all required procedures to uphold or reject revisions mandated by higher authorities.
Appeal Against Order under Section 263 by Ravi Estate (P) Ltd for AY 2015-16 – ITA No. 420/DEL/2021
Manage the increasing number of hearings effortlessly by leveraging the legal AI revolution We are India's Leading revolutionary AI-powered legal platform where you can get enough insights into top cases and judgements.
Research Platform