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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


Revision by PCIT was justified as there was no lack of investigation by AO

March 23, 2023 1356 Views 0 comment Print

AO had applied his mind while doing the assessment therefore, the investigation by AO could not be called ‘lack of investigation’ and revision order passed under section 263 was quashed.

Revision of order not being erroneous & prejudicial to interest of revenue unjustified

March 18, 2023 573 Views 0 comment Print

ITAT Delhi held that revision of assessment order unjustifiable as the assessment order cannot be considered to be erroneous and prejudicial to the interest of revenue.

Revisional order under section 263 not satisfying twin conditions not sustainable

March 18, 2023 915 Views 0 comment Print

Delhi High Court held that for exercise jurisdiction under section 263 of the Income Tax Act, twin conditions i.e. order being erroneous and prejudicial to the interest of revenue needs to be satisfied. PCIT order not satisfying the same needs to be quashed.

Revision order u/s 263 rightly passed as AO failed to examine cash deposited during demonetization

March 17, 2023 2586 Views 0 comment Print

ITAT Chennai held that as cash deposited by assessee received from petty shop owners on account of sale of its product during demonetization period was not examined by AO during assessment. Accordingly, PCIT rightly passed revision order u/s 263 directing AO to carry out necessary verification.

PCIT exercising suo motu revisional power cannot travel beyond scope of limited scrutiny in original order

March 17, 2023 861 Views 0 comment Print

Orissa High Court held that while exercising suo motu revisional power u/s. 263 of the Act, the CIT cannot travel beyond the scope of the issues which form part of the ‘limited scrutiny’ in the original Assessment Order.

Reopening on incorrect assumption of fact is invalid, hence subsequent revision order u/s 263 bad-in-law

March 16, 2023 2580 Views 0 comment Print

ITAT Mumbai held that as entire reasons for reopening were recorded by incorrect assumption of facts, accordingly, reopening was invalid and bad-in-law. Hence, subsequent invocation of revisional jurisdictional under section 263 of the Income Tax Act is untenable in law.

Subsequent revisional order tends to be invalid as original re-assessment order passed invalidly

March 15, 2023 993 Views 0 comment Print

Orissa High Court held that when original re-assessment order was not passed validly, subsequent revisional order passed by PCIT is held to be invalid.

Provisions 45 of Income Tax Act applies to compensation received from allotment of proposed building

March 10, 2023 1620 Views 0 comment Print

ITAT Ahmedabad held that compensation received from proposed building by way of allotment is extinguishment of right in relation to capital asset and hence provisions of section 45 of the Income Tax Act gets applicable.

Recourse to section 263 justifiable on concluding that AO committed an error in law

March 8, 2023 696 Views 0 comment Print

Delhi High Court held that recourse to provisions of section 263 of the Income Tax Act sustained as prima facie view concludes that AO has committed an error in law.

PCIT cannot substitute his view in exercise of revisional jurisdiction u/s. 263

March 5, 2023 561 Views 0 comment Print

PCIT has tried to super impose his view in exercise of powers u/s. 263 of Income Tax Act over one of possible view taken by Assessing Officer.

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