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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 3888 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 4515 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 4947 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 28041 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 4626 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 10227 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 6819 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 6672 Views 0 comment Print


Latest Judiciary


CIT needs to independently apply his mind prior to invoking revisionary provisions u/s. 263: ITAT Kolkata

Income Tax : ITAT Kolkata held that CIT has not applied his mind analytically while assuming jurisdiction for taking cognizance under section 2...

August 16, 2024 117 Views 0 comment Print

Assessment Under Section 44AD Instead of 44ADA: HC Upholds Section 263 Revision

Income Tax : Punjab & Haryana HC upholds Principal Commissioner’s revision under Section 263. Assessing Officer’s wrong Section 44ADA asses...

August 16, 2024 360 Views 0 comment Print

Passing of revisionary order u/s. 263 without giving adequate opportunity of being heard unsustainable: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad held that passing of revisionary order by PCIT u/s. 263 of the Income Tax Act without giving proper and adequate op...

August 15, 2024 309 Views 0 comment Print

Written request to existing AO needs to be made for migrating PAN to new AO due to address change: Patna HC

Income Tax : Patna High Court held that for migrating PAN to new AO, due to change in address, a written request to existing AO must be made. S...

August 13, 2024 174 Views 0 comment Print

Revision u/s. 263 set aside as order of AO not found to be erroneous and prejudicial to interest of revenue: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad held that order of PCIT invoking section 263 of the Income Tax Act set aside as conditions necessary for invoking S...

August 13, 2024 150 Views 0 comment Print


Receipt of government grant in lieu of Financial Restructuring Plant not to be reduced from capital assets

October 2, 2023 249 Views 0 comment Print

ITAT Ahmedabad held that government grants received in lieu of FRP i.e. Financial Restructuring Plant is not required to be reduced from the cost of capital assets. Accordingly, reopening of assessment unjustified.

Dividend received by company having PE in Oman is not taxable in India

September 30, 2023 732 Views 0 comment Print

Supreme Court held that dividend received by the Indian company having permanent establishment in Oman is not taxable in India in terms of Article 25 read with Article 8 (bis) of the Omani Tax Laws

Income Surrendered During Survey Not Taxable at 60% under Section 115BBE

September 30, 2023 2292 Views 0 comment Print

ITAT Delhi quashes revision order, ruling that additional income surrendered during survey proceedings should not be taxed at 60% under Section 115BBE of the Income Tax Act.

Inadequate Explanation for Appeal Filing Delay – ITAT denies Condonation

September 29, 2023 615 Views 0 comment Print

Read the full text of the ITAT Delhi order regarding Smt. Nidhi Agarwal’s appeal delay and the denial of condonation due to inadequate explanation.

Revisionary proceedings u/s 263 justified as order passed without proper inquiry and verification

September 27, 2023 507 Views 0 comment Print

ITAT Mumbai held that initiation of revisionary proceedings u/s 263 of the Income Tax Act justified as assessment order was passed by AO without proper inquiry and verification with regard to claim of deduction u/s. 80IA(4).

Section 263 can be invoked for Real Errors & Not to invent or explore errors

September 27, 2023 8769 Views 0 comment Print

This article discusses case of Gayatri Devi vs. PCIT (ITAT Jaipur) regarding Section 263, highlighting importance of genuine errors in assessments.

Conversion of firm to company for consideration of paid up share capital doesn’t amount to transfer

September 26, 2023 1791 Views 0 comment Print

ITAT Ahmedabad held that Sale/ conversion of business of assessee-firm as a going concern to company for consideration of paid up share capital does not amount to transfer liable to tax as capital gains.

Invocation of revisionary jurisdiction u/s. 263 unjustified when AO took plausible view

September 25, 2023 411 Views 0 comment Print

ITAT Pune held that invocation of revisionary jurisdiction u/s. 263 of the Income Tax Act unjustified when AO examined the claim and took one of the plausible views and hence the assessment order cannot be termed as an “erroneous”.

Excess income declared during survey proceedings treated as business income

September 23, 2023 810 Views 0 comment Print

ITAT Pune held that the excess income declared during the course of survey proceedings cannot be treated as unexplained income, but, the same is treated as business income.

Revisionary jurisdiction u/s. 263 not invocable as AO took plausible view

September 22, 2023 381 Views 0 comment Print

ITAT Kolkata held that PCIT cannot exercise the revisionary jurisdiction to set aside the assessment where the AO has conducted enquiries and taken a plausible view accepting the contentions of the assessee.

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