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section 263

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Section 263 Remand Order Need Not Be Separately Challenged Before Appealing Revised Assessment: Kerala HC

Income Tax : Kerala HC rules no separate challenge needed for Sec 263 remand order before appealing revised assessment; restores Malabar Instit...

April 17, 2025 408 Views 0 comment Print

Clarification on Court Stay and Time Limits under Income Tax

Income Tax : Understanding the exclusion of time limits during Court stays in assessment proceedings under Finance Bill 2025 for Income Tax ass...

February 2, 2025 618 Views 0 comment Print

Income Tax Section 263: Impact of Non-Discussion in Orders

Income Tax : Explore Section 263 of ITA, 1961, and its implications for revising assessment orders with no discussion on certain issues. Judici...

January 10, 2025 2130 Views 0 comment Print

Capital Gain Tax Exemption on Residential Property: Landmark Judgments – Part A

Income Tax : Explore landmark judgments on capital gain tax exemptions under Sections 54 and 54F of the Income Tax Act. Key highlights from ITA...

January 9, 2025 222366 Views 16 comments Print

Comparative Analysis of Income Tax Appellate & Revisional Powers u/s 251, 263 & 264

Income Tax : Understand the differences between appellate powers u/s 251, revisional powers u/s 263, and 264 of the Income Tax Act, and how the...

October 4, 2024 2691 Views 0 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 10374 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 7524 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 6828 Views 0 comment Print


Latest Judiciary


Addition on account of sale of fly ash not sustained as entire sale proceeds deposited in fly ash utilization fund

Income Tax : Delhi High Court held that no addition on account of sale of fly ash since the entire sale proceeds of fly ash were deposited in a...

May 9, 2025 156 Views 0 comment Print

PCIT duty bound to examine documents/ details submitted during revisionary proceeding u/s. 263

Income Tax : By way of this appeal, the assessee has challenged the correctness of the order of the Learned Principal Commissioner of Income Ta...

May 9, 2025 195 Views 0 comment Print

Revision order u/s. 263 passed in name of non-existent entity cannot be sustained: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad held that revisionary order passed under section 263 of the Income Tax Act in the name of non-existent entity (amal...

May 6, 2025 75 Views 0 comment Print

PCIT Cannot Mandate Income Addition for Accommodation Entries Under Section 263: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad partly sets aside PCIT order, rules PCIT cannot issue mandatory direction to add income for accommodation entries u...

May 6, 2025 405 Views 0 comment Print

Non-Enquiry by AO on Property Purchase Justifies Section 263 Revision: Hyderabad ITAT

Income Tax : ITAT upholds PCIT's revision of an assessment order. The AO failed to probe cash payment for a second property purchase, rendering...

May 5, 2025 291 Views 0 comment Print


Lack of Query & Answer in Assessment Order Not Grounds for Revision if AO Satisfied

January 25, 2025 1461 Views 0 comment Print

Delhi High Court in CIT vs. Vikas Polymers clarified Section 263 of the Income-tax Act, emphasizing procedural compliance for revisional powers of the CIT.

Section 263: Lack of Detailed Reasoning Not Equal to Non-Application of Mind

January 25, 2025 489 Views 0 comment Print

Delhi High Court dismissed the Revenue’s appeal in CIT vs. Anil Kumar Sharma, affirming the Tribunal’s decision on Section 263 of the Income Tax Act.

Order of PCIT passed without considering contentions of assessee is liable to be quashed

January 24, 2025 180 Views 0 comment Print

ITAT Allahabad held that order passed by PCIT without considering the contentions of the assessee is against the principles of natural justice and accordingly is liable to be set aside. Accordingly, appeal of the assessee allowed.

Non-application of mind to legal issues justifies revisionary action u/s. 263

January 24, 2025 360 Views 0 comment Print

Thereafter, PCIT called for the assessment records and examined the proceedings. CIT(A) after going through the case records and assessment records took a view that the order passed by the AO is erroneous and prejudicial to the interest of revenue.

Only profit embedded to creditors written off and discount receipts to be added: ITAT Chennai

January 23, 2025 1026 Views 0 comment Print

ITAT Chennai held that only profit embedded to creditors written off and discount receipts is needed to be added since both i.e. creditors written off and discount receipts are inextricably linked with business of assessee. Hence, appeal partly allowed.

Disallowance U/S 40A(3) Deleted: Genuineness & Identity of receiver Proven

January 21, 2025 7260 Views 0 comment Print

ITAT Jaipur held that disallowance of cash payment under section 40A(3) of the Income Tax Act deleted since genuineness of the transactions and the payment and identity of the receiver are established. Accordingly, appeal allowed.

Invocation of revision proceedings after approval of resolution plan not justified: ITAT Ahmedabad

January 18, 2025 558 Views 0 comment Print

ITAT Ahmedabad held that invocation of Revision proceedings under section 263 of the Income Tax Act after approval of the Resolution Plan by NCLT is against the Provisions of Law. Accordingly, revisionary proceedings quashed.

Directs AO to Reassess ₹92 Lakh Addition & Determine Commission on Accommodation Entry

January 18, 2025 378 Views 0 comment Print

ITAT Ahmedabad narrows PCIT’s directions under Section 263 in Vimal Agarwal’s tax case for AY 2014-15, limiting inquiry to commission on ₹92 lakh entry.

Assessment order passed beyond period prescribed u/s. 153 is barred by limitation

January 17, 2025 603 Views 0 comment Print

Bombay High Court held that assessment order passed after expiry of period of limitation as prescribed under section 153 of the Income Tax Act read with first proviso below explanation 1 is barred by limitation. Accordingly, petition succeeds.

Opportunity of Being Heard Mandatory Before Finalizing Section 263 Revision

January 17, 2025 378 Views 0 comment Print

ITAT Surat held that it is mandatory to provide proper opportunity of being heard to the assessee before finalization of revisionary proceedings under section 263 of the Income Tax Act.

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