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section 263

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Whether Issuance of notice u/s section 263 after new Faceless Assessment Scheme justified?

Income Tax : Explore the necessity of issuing notices under Section 263 post the Faceless Assessment Scheme introduction. Analyze the schemes e...

April 23, 2024 3822 Views 0 comment Print

Assessing Remedies: A Comparative Analysis of Appeals and Revisions for Taxpayers Under Income Tax Act, 1961

Income Tax : Explore remedies for taxpayers under the Income Tax Act, 1961, comparing appeals & revisions. Understand procedures, limitations &...

March 19, 2024 4008 Views 0 comment Print

Income Tax Act, 1961: Sections 207-219 – Advance Tax Provisions & Analysis

Income Tax : Explore Sections 207 to 219 of the Income Tax Act, 1961, covering Advance Tax provisions, due dates, and in-depth analysis. Unders...

February 1, 2024 4635 Views 0 comment Print

Understanding Section 263 of Income Tax Act, 1961: A Comprehensive Guide

Income Tax : Explore the intricacies of Section 263 of the Income Tax Act, 1961. Learn how it rectifies erroneous orders and safeguards revenue...

October 4, 2023 27075 Views 0 comment Print

SC order on jurisdiction of Commissioner under section 263 proceedings

Income Tax : Whether payment to shareholders out of sale proceeds of a property belonging to the company, to end dispute amongst the shareholde...

April 7, 2023 4563 Views 1 comment Print


Latest News


Indiscriminate notices by Income Tax Department without allowing reasonable time

Income Tax : National Chamber of Industries & Commerce, U.P has made a representation against Indiscriminate notices by the Income Tax Depa...

March 29, 2022 10209 Views 0 comment Print

Representation – Challenges in Certain Income Tax Provisions

Income Tax : KSCAA has made a Representation on Challenges in Income Tax Related to Rectification Proceedings, Order Giving Effect, Delay in P...

March 15, 2022 6735 Views 2 comments Print

No Reopening of Assessment to be made on Audit Objections: Committee Recommends

Income Tax : One of the key sources of dispute is the existing arrangement for follow up on audit objections by Internal Audit Party and the Re...

January 20, 2016 6657 Views 0 comment Print


Latest Judiciary


Section 263 revisional order without issuing SCN is void ab initio

Income Tax : ITAT Jaipur quashes PCIT order in Yesh Dagas case, citing violation of natural justice principles. Key points of the judgment and ...

July 17, 2024 42 Views 0 comment Print

Reassessment cannot be based solely on reevaluating existing facts without new substantive material

Income Tax : PCIT Vs Farmson Pharmaceuticals Gujarat Pvt Ltd (Gujarat High Court): Reassessment cannot be solely based on a reevaluation of exi...

July 17, 2024 60 Views 0 comment Print

Finalized Assessment Cannot Be Reopened for Property Deed Re-registration

Income Tax : Once an assessment has been finalized for a particular year, reassessment cannot be justified merely due to subsequent procedural ...

July 16, 2024 396 Views 0 comment Print

Gujarat HC on allowability of expenses incurred for clearing mortgage debts

Income Tax : Gujarat High Court allows income tax deduction for payment clearing mortgage, dismissing Revenue’s appeal under section 263. Ful...

July 14, 2024 282 Views 0 comment Print

Simply having a different opinion from AO not justify invocation of Section 263

Income Tax : Detailed analysis of the ITAT Kolkata ruling on Shringar Marketing Pvt. Ltd. Vs PCIT, highlighting key arguments, legal precedents...

July 13, 2024 597 Views 0 comment Print


Quasi-judicial authority must decide issue of jurisdiction when raised: ITAT Delhi

January 24, 2024 453 Views 0 comment Print

ITAT Delhi acknowledged the significance of jurisdictional facts and held that a quasi-judicial authority must decide the issue of jurisdiction when raised. The lack of a clear decision on jurisdiction prompted the ITAT to set aside the PCIT’s order and remand the matter for a fresh decision, including the preliminary issue of jurisdiction.

Inadequate Enquiry Alone does Not Warrant Invoking Section 263 of Income Tax Act

January 21, 2024 507 Views 0 comment Print

Delhi High Court rules in PCIT vs Mohak Real Estate Pvt Ltd case that inadequate enquiry alone doesn’t warrant invoking Section 263 of Income Tax Act.

Revision u/s 263 sustained as assessment completed in a routine and mechanical manner

January 20, 2024 522 Views 0 comment Print

ITAT Mumbai held revisionary order under section 263 of the Income Tax Act to be proper and just as assessment was completed in a routine and mechanical manner without due diligence and without due application of mind.

CIT(A) cannot exercise enhancement power on issue not dealt by AO

January 18, 2024 849 Views 0 comment Print

ITAT Mumbai held that CIT(A) cannot exercise the power to enhance u/s. 251(1) where AO has not dealt with the issue and has not applied his mind on the taxability or non-taxability of a specific matter. Accordingly, exercise such power by CIT(A) will be beyond his jurisdiction.

Section 263: Revision unjustified as AO took possible view based on available records

January 18, 2024 486 Views 0 comment Print

ITAT Mumbai held that revision under section 263 of the Income Tax Act unjustified as AO while allowing the exemption in the order passed under section 144 r.w.s.263 has taken a possible view upon verifying the details available on record.

TDS not deductible from discount paid on prepaid sim card/ recharge vouchers

January 17, 2024 582 Views 0 comment Print

ITAT Mumbai held that the assessee is not liable to deduct tax at source from the discount paid on prepaid sim card/recharge vouchers. Thus, disallowance made u/s 40(a)(ia) of the Income Tax Act liable to be deleted.

Revisionary order unsustainable as issue of exemption u/s 11 considered during scrutiny assessment

January 16, 2024 447 Views 0 comment Print

ITAT Chennai held that the assessment order passed by the AO is neither erroneous nor prejudicial to the interest of the Revenue, because, the issue of exemption u/s.11 of the Act, has been considered by the AO while completing assessment u/s.143(3) of the Act. Thus, order passed by the CIT(Exemptions) u/s.263 of the Act unsustainable.

Conditions for invoking Section 263: AO Order must be Erroneous & Prejudicial to Revenue

January 16, 2024 552 Views 0 comment Print

Explore the Delhi High Court’s judgment on CIT – International Taxation, highlighting the invalidity of invoking S. 263 without satisfying twin conditions. Full analysis and implications.

Plea of defect in the notice not accepted as it had caused no prejudice to assessee

January 16, 2024 744 Views 0 comment Print

Bombay High Court held that plea of defect in the notice cannot be accepted as it had caused no prejudice to the assessee and the assessee “clearly understood” what was the purport and import of notice issued under section 274 read with Section 271 of the Act.

AO Conducted Enquiry on High Premium Shares; PCIT Error in Section 263 Exercise: HC

January 16, 2024 1290 Views 0 comment Print

Delhi High Court ruling on PCIT vs Trojan Developers Pvt. Ltd. AO’s enquiry on high premium shares and HC’s critique of Section 263 exercise. Full text of judgment.

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