Tag: cit revision 263
Power of revision u/s 263 cannot be exercised to collect more taxes by bringing income within the ambit of Sections 68/ 69 etc. and applying higher tax rate u/s 115BBE. ABCAUS Case Law Citation:ABCAUS 3741 (2023) (05) ITAT Important Case Laws relied upon:PCIT vs. Deccan Jewellera (P) Ltd. …
Arbitration award paid by sale of property not cost of improvement – Supreme Court holds assessment order as erroneous and prejudicial ABCAUS Case Law Citation:ABCAUS 3699 (2023) (04) SC Important Case Laws relied upon by parties:Malabar Industrial Co. Ltd. vs. CIT (2000) 2 SCC 718 (2000) 243 ITR …
Accepting rental income from commercial complex as business income instead of house property was erroneous and prejudicial to the interest of Revenue- ITAT ABCAUS Neutral Case Law Citation:ABCAUS 3684 (2023) (03) ITAT In the instant case, the assessee had challenged the revisionary order passed by the PCIT u/s …
Revision u/s 263 to make additions substantively instead of protectively not sustainable – ITAT ABCAUS Case Law Citation ABCAUS 3631 (2023) (01) ITAT In the instant case, the assessment was framed pursuant to search action u/s 132. The Assessing Officer (AO) made additions on protective basis in the …
Assessee’s time cannot be taken for granted by Income Tax Department. Assessee can not be made to appear before the tax authorities again and again ABCAUS Case Law Citation ABCAUS 3624 (2022) (12) ITAT Important Case Laws relied upon:Alkaben B. Patel vs. ITO43 Taxmann.com 333 (Ahm)Sujatha Ramesh vs. …
Issues already considered by CIT(A) in his order, cannot be again a subject matter of revision by Pr CIT u/s 263 ABCAUS Case Law Citation ABCAUS 3622 (2022) (12) ITAT Important Case Laws relied upon:Southern Motors vs State of Karnataka (2017) 3 SCC 467 (SC) In the instant …
Whether AO applied his mind or not is question of fact not law – SC dismisses SLP of Department challenging setting aside of revisionary order passed u/s 263 of the Income Tax Act 1961 ABCAUS Case Law CitationABCAUS 3621 (2022) (11) SC In the instant case, the Income …
Expression ‘without making inquiries or verification’ in Section 263 to be read in conjunction with the words ‘which should have been made’. ABCAUS Case Law CitationABCAUS 3602 (2022) (06) ITAT The Appellant/Assessee had challenged the Order passed by the Principal Commissioner of Income Tax (PCIT) under Section 263 …
No revision u/s 263 simply because AO in order did not make an elaborate discussion – ITAT ABCAUS Case Law CitationABCAUS 3597 (2022) (05) ITAT Important case law relied referred:Malabar Industrial Co. Ltd. 243 ITR 83Gabriel India Ltd 203 ITR 10CIT vs. Anil Kumar reported in 335 ITR …
CIT is required to make enquiries himself to allege assessment order as erroneous and prejudicial to the interest of Revenue u/s 263 ABCAUS Case Law CitationABCAUS 3596 (2022) (05) ITAT Important case law relied referred:CIT Vs Jaiswal Motor Finance 141 ITR 706 (All)CIT Vs Metachem Industries 245 ITR …
