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ITAT Order Must Be Judged by Law Prevailing When Passed, Not Later Amendment: Telangana HC

Case Law Details

TaxGuru Citation
2026 taxguru.in 10238
Case Name
PCIT Vs Vinod Ojha (Telangana High Court)
Date of Judgement/Order
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PCIT Vs Vinod Ojha (Telangana High Court)

The Telangana High Court considered an appeal filed by the Revenue against the order of the Income Tax Appellate Tribunal, Hyderabad ‘B’ Bench, Hyderabad, in ITA No.1231/Hyd/2024 relating to the assessment year 2016-17. The Revenue principally contended that the Tribunal ought to have considered the amendment introduced to the Income Tax Act, 1961, through the proviso to Section 147A by the Finance Act, 2026. The High Court observed that the Tribunal had passed the impugned order in November 2025, well before the amendment was placed before Parliament. It further noted that, on the date the Tribunal decided the matter, there were numerous decisions of the jurisdictional High Court governing the issue and laying down the applicable legal position. Accordingly, the Court held that the Tribunal’s findings could not be regarded as contrary to the law as it then existed or contrary to the evidence on record. The High Court found that the appeal did not raise any substantial question of law for consideration. Consequently, it rejected the Revenue’s appeal, made no order as to costs, and directed that all pending miscellaneous applications, if any, shall stand closed.

FULL TEXT OF THE JUDGMENT/ORDER OF TELANGANA HIGH COURT

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 20,058

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