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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 192 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 567 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 1941 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 221829 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 2535 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 10365 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 7479 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 6810 Views 0 comment Print


Latest Judiciary


Section 263 Revision Unjustified as Assessment Not Erroneous or Prejudicial to Revenue

Income Tax : ITAT Ahmedabad held that revisionary proceedings under section 263 of the Income Tax Act not invocable as assessment made by AO af...

April 17, 2025 576 Views 0 comment Print

Provisions of section 40A(3) inapplicable as income assessed by applying G. P. rate

Income Tax : ITAT Raipur that where the income of the assessee has been computed by applying a gross profit rate, there is no need to look into...

April 17, 2025 180 Views 0 comment Print

Section 263 Invalid as AO Adopted One of Two Possible Views on Section 14A Disallowance

Income Tax : Bombay HC confirms ITAT decision setting aside PCIT's Section 263 revision, holding AO took a valid view on interest disallowance ...

April 17, 2025 462 Views 0 comment Print

Legal Expenses on Capital Assets Treated as Revenue: ITAT Quashes Section 263 Revision

Income Tax : ITAT Pune quashes revision order against Angre Port Pvt. Ltd. on legal expense claims, ruling AO had conducted due inquiry and ado...

April 17, 2025 765 Views 0 comment Print

Assessment Not Erroneous Due to PCIT’s Preference for Different Inquiry Method

Income Tax : ITAT Ahmedabad rejects PCIT’s revision under Section 263, holding AO had duly verified cash deposits and creditors during demone...

April 17, 2025 177 Views 0 comment Print


HC Upholds Tribunal’s Finding of Genuine Transactions in Section 263 Proceedings

April 15, 2025 522 Views 0 comment Print

Calcutta High Court addresses ITAT’s role in Sec 263 orders for fresh assessments and the eligibility for enhanced vehicle depreciation for own business use.

Section 263 Revision Requires Lack of Inquiry, Not Just Inadequate Inquiry

April 14, 2025 225 Views 0 comment Print

ITAT Pune quashes PCIT’s Section 263 order against Shree Balaji Associates, stating AO made inquiries; no lack of inquiry found.

Section 263 Revision not permissible if Section 80P deduction allowable: ITAT Pune

April 14, 2025 138 Views 0 comment Print

Janata Grahak Madhyawarti Vs PCIT-4 (ITAT Pune) Facts of the Case: The assessee, a co-operative society involved in the business of wholesale supply of consumer goods, filed its return declaring income of ₹5,50,400. The return was processed under section 143(1) of the Income Tax Act. The Assessing Officer later disallowed a deduction of ₹34,58,980 claimed under […]

Section 56(2)(x) Addition Deleted as Price Variation was Within 10% Tolerance

April 12, 2025 117 Views 0 comment Print

ITAT Mumbai held that addition under section 56(2)(x) of the Income Tax Act not justified since value adopted by the DVO and actual purchase price declared by the assessee falls within the tolerance limit of 10%. Accordingly, appeal allowed.

PCIT cannot exercise revisionary power u/s. 263 to restore issue for verification purpose: ITAT Ahmedabad

April 10, 2025 174 Views 0 comment Print

ITAT Ahmedabad held that PCIT cannot exercise revisionary power u/s. 263 to restore an issue for the purpose of verification only since restoring matter for verification means that PCIT is not sure of assessment order being erroneous causing prejudice to the revenue.

ITAT Delhi directed TPO to accept Advance Pricing Agreement parameters for royalty adjustment

April 9, 2025 90 Views 0 comment Print

ITAT Delhi held that Transfer Pricing Adjustment in respect of transaction of payment of royalty is set aside and Transfer Pricing Officer [TPO] is directed to accept the parameters of determination of compensation as accepted in Advance Pricing Agreement [APA].

Lack of Inquiry & Non-Application of Mind Validates Section 263 Revision: MP HC

April 8, 2025 168 Views 0 comment Print

Madhya Pradesh HC upholds CIT’s Section 263 revision citing lack of enquiry by AO. Tribunal ruling supported by Supreme Court precedents.

Payment of interest and penalty due to default in payment of license fee is revenue expenditure

April 8, 2025 96 Views 0 comment Print

ITAT Delhi held that interest and penalty due to default in payment of license fee is merely compensatory in nature and hence the same is revenue expenditure. Accordingly, PCIT classifying them to be capital expenditure is not sustainable.

Revision u/s. 263 based on audit objection impermissible: ITAT Chandigarh

April 8, 2025 414 Views 0 comment Print

ITAT Chandigarh held that initiation of revisionary proceedings under section 263 of the Income Tax Act on the basis of audit objection is not permissible. Accordingly, order of PCIT quashed and appeal of assessee allowed.

Re-opening u/s. 147 quashed as not based on tangible material: Madras HC

April 7, 2025 738 Views 0 comment Print

Madras High Court held that re-opening of assessment u/s. 147 must be based on some tangible material without such tangible material, re-opening is merely inspired from change of opinion and hence the same is liable to be quashed.

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