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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 4017 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 27078 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 48 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 66 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 408 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 294 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 600 Views 0 comment Print


Acceptance of Project Completion Method followed by Assessee consistently by AO not erroneous

August 5, 2023 6537 Views 0 comment Print

An overview of case, Parth Developers vs PCIT, where ITAT rules that PCIT can’t invoke Section 263 for a project completion method consistently used by AO.

PCIT cannot Initiate Revision Proceedings after disposal of appeal by CIT(A)

August 4, 2023 645 Views 0 comment Print

CIT(A) resolved the appeal, considering the TDS credit issue, on 08/05/2019. Therefore, PCIT can’t invoke s.263 revision proceedings for the same issue, per Explanation-1(c) to section 263(1) of the Act.

Difference in closing stock emanating from preceding years cannot be attributed to year under consideration.

July 30, 2023 1458 Views 0 comment Print

ITAT Jaipur held that the difference in the closing stock is emanating from the difference in the working for the preceding years and that such difference cannot be attributed for the year under consideration. Accordingly, order not erroneous and jurisdiction of section 263 not invocable.

Justified Invocation of Section 263: No Enquiry or Verification

July 27, 2023 1401 Views 0 comment Print

ITAT Raipur held that invocation of section 263 of the Income Tax Act justified as AO passed the order without making any enquiry or verification and hence such order passed is deemed to be erroneous and prejudicial to the interest of revenue.

Taxation of commission Receivable in the Accrual Year

July 27, 2023 936 Views 0 comment Print

ITAT Raipur held that once it is established that the commission income were receivable, the said commission income is liable to be brought to tax in the year in which the same has been accured.

Invalid Assumption of Jurisdiction by AO: CIT Cannot Revise Assessment Order

July 26, 2023 3753 Views 0 comment Print

In the case of Smt. Aruna Tiwari Vs. PCIT, the ITAT Raipur ruled that a non-est assessment order cannot be revised by the CIT under Section 263 of the Income Tax Act.

Bombay HC: AAR’s Different View Not Ground for Reopening Assessment

July 25, 2023 546 Views 0 comment Print

Bombay High Court held that different view by Authority of Advance Ruling (AAR) in case of another Applicant cannot be ground for reopening of assessment under section 147 of the Income Tax Act.

Invocation of section 263 unjustified as all the details furnished during scrutiny assessment

July 24, 2023 2082 Views 0 comment Print

ITAT Jaipur held that invocation of section 263 of the Income Tax Act unjustified as all the details were furnished by the assessee during scrutiny assessment and assessment was completed after detailed enquiry.

Cooperative Society’s Interest Earnings from cooperative banks: Deduction u/s 80P(2)(d) Available

July 22, 2023 834 Views 0 comment Print

ITAT Pune held that interest income earned by the cooperative society from the investment with cooperative banks qualifies for deduction under section 80P(2)(d) of the Income Tax Act.

Land held as investment is assessable to tax under the head ‘capital gain’

July 21, 2023 747 Views 0 comment Print

ITAT Nagpur held that the assessee is undoubtedly entitled to hold two different portfolios in respect of the same kind of asset i.e. stock in trade and investment. Since, the land was held as investment the same is assessable to tax under the head ‘capital gain’.

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