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The Tax Publishers Revision under Section 263 pending appeal before CIT(A) on same topic *Facts:* Assessee was allegedly to have unaccounted income in the guise of agricultural income under Section 68 r/w 115BBE by the AO. Accordingly 50% the income was held taxable under the said Section Assessee's appeal before the CIT(A) on this order of AO. Meanwhile the PCIT citing that taxing only 50% instead of the entire income was an erroneous order prejudicial to the interests of the revenue and thus invoked revision powers under Section 263. Aggrieved by this, assessee went in appeal to ITAT - Held in favour of the assessee that the revision under Section 263 by PCIT was not permitted pending appeal before CIT(A) on the same topic. *Applied:* Smt. Renuka Philip v. ITO 2018 TaxPub(DT) 7804 (Mad-HC) CIT v. Vam Resorts & Hotels (P.) Ltd 2019 TaxPub(DT) 5928 (All-HC) ITAT Rajkot in the case of Parin Furniture Ltd. in ITA No. 86 to 89/Rajkot/2022 vide order dated 20-7-2022 : 2022 TaxPub(DT) 4942 (Rkt-Trib) *Ed. Note:* the decisions cited on this case make it a noteworthy reading. If the revision was on some other topic then the same would be permitted provided the order of AO was erroneous and prejudicial to the interests of the revenue. Please see: Jupax Distributors Pvt. Ltd. v ACIT/ITA No. 165/Srt/2022/AY 2012-13/Surat ITAT/Remanded to CIT(A)/27.02.2023 B.N. Malatesh v ITO/ITA No.03/Bang/2023/AY 2009-10/Blr ITAT/Favour of the Assessee/28.02.2023 *Case:* Chandubhai Ramjibhai Kaqthiriya v. Pr. CIT 2023 TaxPub(DT) 1704 (Rajkot-Trib)

The Tax Publishers

Revision under Section 263 pending appeal before CIT(A) on same topic

Facts:

Assessee was allegedly to have unaccounted income in the guise of agricultural income under Section 68 r/w 115BBE by the AO. Accordingly 50% the income was held taxable under the said Section Assessee's appeal before the CIT(A) on this order of AO. Meanwhile the PCIT citing that taxing only 50% instead of the entire income was an erroneous order prejudicial to the interests of the revenue and thus invoked revision powers under Section 263. Aggrieved by this, assessee went in appeal to ITAT -

Held in favour of the assessee that the revision under Section 263 by PCIT was not permitted pending appeal before CIT(A) on the same topic.

Applied:

Smt. Renuka Philip v. ITO 2018 TaxPub(DT) 7804 (Mad-HC)

CIT v. Vam Resorts & Hotels (P.) Ltd 2019 TaxPub(DT) 5928 (All-HC)

ITAT Rajkot in the case of Parin Furniture Ltd. in ITA No. 86 to 89/Rajkot/2022 vide order dated 20-7-2022 : 2022 TaxPub(DT) 4942 (Rkt-Trib)

Ed. Note: the decisions cited on this case make it a noteworthy reading. If the revision was on some other topic then the same would be permitted provided the order of AO was erroneous and prejudicial to the interests of the revenue.

Please see:

Jupax Distributors Pvt. Ltd. v ACIT/ITA No. 165/Srt/2022/AY 2012-13/Surat ITAT/Remanded to CIT(A)/27.02.2023

B.N. Malatesh v ITO/ITA No.03/Bang/2023/AY 2009-10/Blr ITAT/Favour of the Assessee/28.02.2023

Case: Chandubhai Ramjibhai Kaqthiriya v. Pr. CIT 2023 TaxPub(DT) 1704 (Rajkot-Trib)