Section 263: CIT cannot examine issue on merits- SC

By Editor4 Income Tax Judiciary June 2, 2022 1 comment

TaxGuru Citation: 2022 taxguru.in 2344
Case Name: CIT LTU Vs Nuclear Power Corporation of India Ltd. (Supreme Court)
Appeal Number: Only available for paid members
Date of Judgement/Order: Only available for paid members
Courts: Supreme Court of India

Already Upgraded? Log in.

CIT LTU Vs Nuclear Power Corporation of India Ltd. (Supreme Court )

We have some reservations on the observation made in the impugned judgment that the Commissioner, while exercising the power of revision under Section 263 of the Income Tax Act, 1961, cannot examine an issue on merits. However, we are not inclined to issue notice as we find that on merits, the order passed by the Commissioner under Section 263 of the Income Tax Act, 1961 is not sustainable.

Recording the aforesaid, the petition for special leave to appeal is dismissed.

Pending application(s), if any, shall stand disposed of.