Tag: cit revision 263
Exercise of power by CIT u/s 263 is barred when appeal u/s 250 is pending. “record” means what is available at the time of examination by CIT ABCAUS Case Law Citation:ABCAUS 3131 (2019) (08) HC Important case law relied upon by the parties:Malabar Industrial Co. Ltd. vs. Commissioner …
Revision 263 merely for difference in income as per P&L Account & TDS statement quashed as assessment order was not erroneous & prejudicial to Revenue ABCAUS Case Law Citation:ABCAUS 3127 (2019) (08) ITAT Important case law relied upon by the parties:Malabar Industrial Co. Ltd-vs-CIT (2000) 243 ITR 83 …
Revision u/s 263 merely on ground of non-discussion / non-mentioning of reply to queries in assessment proceeding/order is invalid ABCAUS Case Law Citation:ABCAUS 3123 (2019) (08) HC Important case law relied upon by the parties:Malabar Industrial Company vs. CIT (2000) 109 taxman 66 (SC)CIT vs. Krishan Capbox Ltd. …
Lack of significant discussion of every argument by ITAT does not constitute a substantial question of law – High Court upheld revision u/s 263 ABCAUS Case Law Citation:ABCAUS 3092 (2019) (07) HC The assessee had appealed under Section 260A of the Income Tax Act, 1961 (the Act) alleging …
Revision u/s 263 upheld as AO failed to initiate penalty proceedings u/s 271(1)(c) where assessee increased income in revised return filed u/s 148 ABCAUS Case Law Citation:ABCAUS 3091 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties:CIT v. Bhikaji Dadabhai and Co. 42 ITR 123ACIT vs. …
Notice u/s 263 issued by AO was held valid when notice itself stated that PCIT directed its issuance and AO signed it merely in his ministerial capacity ABCAUS Case Law Citation:ABCAUS 3081 (2019) (07) HC Important Case Laws Cited/relied upon by the parties:CIT Vs. Amitabh Bachchan, (2016) 384 …
CIT cannot direct AO u/s 263 to decide whether the findings recorded are erroneous without his own clear finding that the order is erroneous and how that is so. ABCAUS Case Law Citation:ABCAUS 3066 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties:Contimeters Electrical Pvt. Ltd. …
No Revision u/s 263 when assessment order was void and did not exist in law for not following procedure laid down by Supreme Court in GKN Drivesshaft ABCAUS Case Law Citation: ABCAUS 3049 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties: CIT Vs. VSNL (2012) …
Revision u/s 263 ordered for dropping penalty proceedings u/s 271(1)(c) set aside as AO took a view by adopting a plausible view ABCAUS Case Law Citation: ABCAUS 3028 (2019) (06) ITAT Important Case Laws Cited/relied upon by the parties: MAK Data Pvt. ltd. Vs. CIT (2013) 358 ITR …
Revision u/s 263 quashed as AO in view the legal position made a conscious decision holding that section 2(22)(e) was not applicable to the case. ABCAUS Case Law Citation: ABCAUS 2987 (2019) (06) ITAT Important Case Laws Cited/relied upon by the parties: Pradip Kumar Malhotra v CIT (2011) …
