Tag: lack of enquiry
In case of superficial enquiry by AO PCIT may be justified in invocation of revisionary powers u/s 263 but not before making some enquiries – ITAT In A Recent judgment, ITAT Lucknow has held that in absence of findings of Assessing Officer (AO), PCIT may be justified in …
Mere producing purchase and sales vouchers along with books did not mean that the Assessing Officer was not required to make inquiry into cash deposits. In a recent judgment, ITAT Lucknow has upheld the revisionary order u/s 263 on the ground that mere fact that purchase and sales …
Best judgement assessment u/s 144 cannot under any means be held to be erroneous u/s 263 for lack of enquiry- ITAT In a recent judgment, the ITAT Nagpur has held that best judgement assessment under section 144 of the Act, cannot under any means be held to be …
Section 263 do not give unfettered power to PCIT to revise each and every order – ITAT In a recent judgment, ITAT Delhi has held that section 263 of the act does not give unfettered power to PCIT to revise each and every order to re-examine the issues …
CIT must hold bare minimum inquiry before passing revisionary order u/s 263. The words “as he deems necessary”, do not mean that PCIT has a choice either to make or not to make an enquiry. In a recent judgment, ITAT Chandigarh has held that it is incumbent upon …
Non verification of source of investment made in mutual funds rendered assessment order erroneous and prejudicial to the interest of the Revenue – ITAT ABCAUS Case Law Citation:ABCAUS 3778 (2023) (07) ITAT Important Case Laws relied upon:Infinity Infotech Parks Ltd vs. DCITNarayan Tatu Rane vs. ITO In the …
Lack of enquiry in a particular manner or as per procedures prescribed vitiates the assessment only when relevant provisions are applicable. ABCAUS Case Law Citation:ABCAUS 3325 (2020) (07) ITAT In the instant case, the appeal of the assessee was directed against the action of the Pr. CIT …
Assessment Order passed several months ahead of deadline without making inquiries/verification is without due application of mind & in avoidable haste making stronger case for revision u/s 263 ABCAUS Case Law Citation:ABCAUS 3229 (2020) (01) ITAT Important case law relied upon by the parties:Deniel Merchants Pvt. Ltd. Vs. …
Addition u/s 68 made without issuing notice to creditors deleted by ITAT as AO failed to conduct inquiry. Had creditors not responded, addition might be justified ABCAUS Case Law Citation: ABCAUS 2874 (2019) (04) ITAT In the instant case, the assessee was in appeal before the Tribunal against …
Lack of enquiry or inadequate enquiry. Revision u/s 263 quashed by ITAT applying the large number of judgments of High Court and Supreme Court. ABCAUS Case Law Citation:ABCAUS 1220 (2017) (04) ITAT The Grievance:The appellant assessee was aggrieved by the revisionary order passed by the Commissioner of Income …
