Tag: cit revision 263

No revision u/s 263 without pointing out how assessment order is erroneous. Order quashed as CIT did not mention whether assessee’s contentions were acceptable or not. ABCAUS Case Law Citation: ABCAUS 2662 (2018) (12) ITAT Important Case Laws Cited/relied upon: Narayan Tatu Rane vs. ITO reported in (2016) …

Revisionary order u/s 263 passed against dropping of penalty u/s 271(1)(c) after the expiry of limitation period as provided u/s 275 of the Act was invalid – ITAT ABCAUS Case Law Citation: ABCAUS 2644 (2018) (11) ITAT Important Case Laws Cited/relied upon: Toyota Motor Corporation reported in 306 …

ITAT explains law of appeal to CIT-A of revisionary order passed u/s 263. When CIT himself enhanced income, appeal would not lie to CIT(A) ABCAUS Case Law Citation: ABCAUS 2596 (2018) (10) ITAT The assessee had filed an appeal against the orders of the CIT(A) in holding that …

CIT not justified in disturbing consistent method of closing stock valuation by invoking revisionary jurisdiction u/s 263   ABCAUS Case Law Citation: ABCAUS 2526 (2018) 09 ITAT Important Case Laws Cited/relied upon by the parties: United Commercial Bank vs. CIT (1999) 240ITR 355 (SC),  CIT vs. British Paints …

Brought forward debit balance can not make assessment erroneous and prejudicial to the interest of the Revenue – ITAT quashes Revisionary Order  ABCAUS Case Law Citation: ABCAUS 2469 (2018) 08 ITAT In this appeal, the assessee had challenged the correctness of the order of the Principal Commissioner of …

CIT can not substitute his view over the view taken by AO in the revisionary jurisdiction u/s 263 as AO took one of the possible view ABCAUS Case Law Citation: ABCAUS 2454 (2018) 08 ITAT The instant appeal was filed by the assessee against CIT in invoking the …

AO cannot remain quiet after issuing summons u/s 131 which went unanswered. Without resorting to further investigation no adverse inference could be drawn. ABCAUS Case Law Citation: ABCAUS 2453 (2018) 08 ITAT The instant appeal was filed by the assessee against the order passed by CIT(A) in upholding …

ITAT’s jurisdiction is not to rewrite the AO’s order and improve upon it. High Court uphelds Revision order passed u/s 263 for lack of enquiry  ABCAUS Case Law Citation: ABCAUS 2427 (2018) 07 HC The instant appeal had been filed by the Revenue against the order of the …

Revision u/s 263 upheld as AO had not formed any opinion but erroneously allowed the capital expenses as revenue causing a clear prejudice  – High Court ABCAUS Case Law Citation: ABCAUS 2422 (2018) 07 HC The instant appeal was filed by the assesseee against the order of the …

CIT revisional order setting aside dropping of penalty proceedings u/s 271(1)(c) by the AO was quashed by ITAT as AO took one of the possible views as per the  judgment of Apex Court ABCAUS Case Law Citation ABCAUS 2361 (2018) 06 ITAT In the all the cases covered …