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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 4512 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 4941 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 28032 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 60 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 270 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 300 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 165 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 147 Views 0 comment Print


TDS not deductible on payment of compensation to Cricket South Africa

May 24, 2023 759 Views 0 comment Print

ITAT Mumbai held that the payment of compensation to CSA (Cricket South Africa) under the Termination Agreement is also not taxable under the provisions of the India-South Africa DTAA. Since the payment is not chargeable to tax in India in the hands of CSA, therefore, there is no obligation on the assessee to deduct tax at source under section 195 of the Act.

PCIT cannot invoke section 263 for mere non-satisfaction with conclusion arrived by AO

May 22, 2023 690 Views 0 comment Print

ITAT Pune held that the conclusion arrived by AO on his satisfaction of details furnished by the assessee, cannot be found to be erroneous simply because Pr. CIT does not feel satisfied with the said conclusion. Accordingly, invocation of revisionary jurisdiction u/s 263 unjustified.

Proceedings u/s 263 sustained as AO failed to apply proper and correct section of Income Tax Act

May 22, 2023 840 Views 0 comment Print

ITAT Pune held that revisionary proceedings under section 263 sustained as AO failed to apply proper and correct section of Income Tax Act to the investment in the undisclosed stock.

Amount received as consequence of divorce cannot be held as unexplained cash credit u/s 68

May 21, 2023 723 Views 0 comment Print

ITAT Raipur held that amount received as a consequence of divorce from the ex-husband could not be held as an unexplained cash credit u/s.68 of the Act, and accordingly cannot be brought to tax u/s.115BBE of the Act.

Mere non-reference of cash transaction doesn’t render assessment order erroneous and prejudicial

May 18, 2023 876 Views 0 comment Print

ITAT Raipur held that mere non-reference by AO about the cash transaction entered into by the assesse doesn’t render the assessment order passed by AO as erroneous and prejudicial to the interest of revenue. Accordingly, revisional proceedings u/s 263 unjustified.

Addition of sales reversal entry as unexplained expenditure is unjustified

May 17, 2023 1068 Views 0 comment Print

ITAT Kolkata held that addition of sales reversal entry alleging the same as unexplained expenditure is unjustified and unsustainable in law.

Invocation of revisionary proceedings u/s 263 merely because of non-agreeing to the view of AO is unjustified

May 17, 2023 804 Views 0 comment Print

ITAT Delhi held that PCIT is not empowered to invoke revisionary proceedings u/s. 263 of the Income Tax Act, merely because he is not agree with the view taken by the AO. Accordingly, revisionary proceedings bad in law.

Section 263 can be invoked if no specific inquiry by AO against CBS expenses

May 13, 2023 396 Views 0 comment Print

State Bank of India Vs PCIT-2 (ITAT Mumbai) ITAT note that the AO during the assessment proceedings had requested the assessee to furnish explanation in respect of such items of expenses and receipt appearing in the trading accounts and profit and loss accounts (either by way of excess or reduction) in comparison to last year. […]

Revisional jurisdiction u/s 263 duly invoked as AO failed to examine issue of purchase of land

May 13, 2023 408 Views 0 comment Print

ITAT Ahmedabad held that revisional power under section 263 of the Income Tax Act correctly invoked as AO failed to examine the issue of purchase of land in the light of provisions of section 56(2)(vii)(b) of the Income Tax Act.

Order passed after due application of mind cannot be subjected to proceeding u/s. 263

May 12, 2023 1020 Views 0 comment Print

Shri Keshoraipatan Sahkari Sugar Mills Ltd. Vs PCIT (ITAT Jaipur) We find that the assessment was taken up for scrutiny under CASS to examine the deduction claimed chapter VIA for limited purpose and on this issue, there is finding of the ld. AO in the assessment order. Yet, learned PCIT has subjected the assessment order […]

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