Tag: cit revision 263
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 …
Invoking Revisionary powers u/s 263 merely on the basis of suspicion not justified. Where AO made necessary inquiry and satisfied itself about explanation offered, revising such order is unjustified – ITAT ABCAUS Case Law CitationABCAUS 3591 (2022) (05) ITAT Important case law relied referred:CIT vs. Anil Kumar Sharma …
Period of limitation of Revisional order u/s 263(2) is date of order passed by Commissioner and not date when order is received by assessee – SC ABCAUS Case Law CitationABCAUS 3554 (2021) (10) SC In the instant case, the Revenue had challenged the order passed by the Hon’ble …
Exemption u/s 54F allowed though Capital Gain sale proceed deposited in Nationalised Bank instead of capital gain deposit scheme account ABCAUS Case Law CitationABCAUS 3530 (2021) (07) ITAT In this case appeal was filed by the assessee against the order of the CIT(A) sustaining the addition made by …
CIT assuming jurisdiction u/s 263 has no power to direct initiating penalty proceedings u/s 271(1)(c) CIT Revision u/s 263 for AO accepting revised return without initiating penalty proceedings u/s 271(1)(c) quashed by ITAT following jurisdictional High Court order In the instant case, the assessee had challenged the revisionary …
CIT Revision u/s 263 for failure of AO to convert limited scrutiny into complete scrutiny quashed as no credible material was available In the instant case, the assessee had challenged the revisionary order u/s 263 of the Income Tax Act, 1961 (the Act) passed by the CIT. The …
Sale of property was long term capital gain as assessee held it from the date of advance payment and balance payment was only a follow up action ABCAUS Case Law CitationABCAUS 3502 (2021) (05) ITAT Important case law relied referredCIT vs A Suresh Rao 223 Taxmann 228 (Kar)Principal …
CIT Revision u/s 263 order not mentioning twin conditions of being erroneous and prejudicial to the interest of revenue quashed ABCAUS Case Law CitationABCAUS 3494 (2021) (04) ITAT Important case law relied referred:Malabar Industrial Co. vs. CIT 243 ITR 83 (SC)CIT vs. Max India Ltd. (2007) 295 ITR …
Revision u/s 263 on issues not covered under limited scrutiny quashed as AO could not had gone into other issues ABCAUS Case Law CitationABCAUS 3483 (2021) (04) ITAT Important case law relied referred:Sanjib Kumar KhemkaM/s Chengmari Tea Co. Ltd. In the instant case, the assessee had challenged the …
Inadequate enquiry or insufficient material on record cannot be a ground to invoke powers under Section 263 of the Act ABCAUS Case Law CitationABCAUS 3406 (2020) (10) HC Important case law relied upon by the parties:Malabar Industrial Company vs. CIT 243 ITR 833CIT vs. Max India Ltd. 295 …