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CIT can consider all aspects which were subject matter of AO’s order, if in his opinion, they are erroneous
Case Law Details
- Case Name
- Bses Rajdhani Power Ltd. Vs. Principal CIT (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
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BSES Rajdhani Power Ltd vs. Pr CIT (Delhi High Court)
Lack of opportunity at the revisional stage under Section 263 does not vitiate the entire order, or the proceedings; rather it is a curable defect.
Court is of the opinion that the ruling in Commissioner of Income tax v Amitabh Bacchan 2016 SCC Online SC 484 is decisive; it upholds the power of the Commissioner to consider all aspects which were the subject matter of the AO’s order, if in his opinion, they are erroneous, despite the assessee’s appeal on that or some other aspect. The Court held that:
“Reverting to the specific provis...
