Tag: Revision 263
Revision u/s 263 done on issues not covered under limited scrutiny quashed as AO had already verified those issues for which limited scrutiny was conducted. ABCAUS Case Law Citation:ABCAUS 3201 (2019) (12) ITAT Important case law relied upon by the parties:Malabar Industrial Co. Ltd., (2000) 243 ITR 83(SC) …
Failure of AO to apply/examine applicability of section 184(5) makes the assessment order erroneous and prejudicial to the interests of Revenue ABCAUS Case Law Citation:ABCAUS 3198 (2019) (12) ITAT Important case law relied upon by the parties:Mubarak Trading Co. v/s CIT, 174 Taxman 339Mas Properties & Developers v/s …
Revision u/s 263 for non initiation of penalty proceedings. It is not open to CIT to exercise revisional powers to create a non existent proceedings ABCAUS Case Law Citation:ABCAUS 3187 (2019) (11) ITAT Important case law relied upon by the parties:Easy Transcription & Software Pvt.Ltd. vs. CIT Revision …
Revisionary order u/s 263 passed in the name of dead person quashed. CIT was not justified in setting aside the assessment ignoring the fact that assessee had already expired ABCAUS Case Law Citation:ABCAUS 3185 (2019) (10) ITAT Important case law relied upon by the parties:CIT Vs. M. Hemanathan, …
Principles of law and legal position regarding exercise of revisionary powers u/s 263. ITAT explains the twin conditions as laid down by Supreme Court/ High Courts ABCAUS Case Law Citation:ABCAUS 3141 (2019) (09) ITAT Important case law relied upon by the parties:Malabar Industrial Co. Ltd. vs. CIT, 243 …
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 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. …
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. …
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) …
Inadequate enquiry leading to assumption of incorrect facts makes the order erroneous and prejudicial to the interests of the revenue – ITAT upheld the Revision order passed u/s 263 ABCAUS Case Law Citation: ABCAUS 2934 (2019) (05) ITAT Important Case Laws Cited/relied upon by the parties Gee Vee …