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CIT(A) cannot enhance income on issues not examined by AO: ITAT Mumbai

Income Tax : The Tribunal held that CIT(A) cannot enhance income under Section 251 on matters not considered by the Assessing Officer during as...

May 10, 2026 765 Views 0 comment Print

Adv. Mukul Rohatgi Case: Section 263 Revision Invalid as AO Had Conducted Proper Inquiry

Income Tax : The ITAT held that revisional powers under Section 263 cannot be exercised when the Assessing Officer has already examined the iss...

March 7, 2026 2397 Views 0 comment Print

ITAT Quashes PCIT’s Revision as AO’s View on Survey Income Was Plausible & Verified

Income Tax : ITAT quashed PCIT’s Section 263 order, holding AO’s treatment of survey income as business income valid and not erroneous or p...

November 9, 2025 708 Views 0 comment Print

Reopening on Borrowed Belief from ACB Quashed – Tribunal holds 147 invalid & 263 unsustainable

Income Tax : Ahmedabad ITAT quashes reassessments based on ACB report, ruling the AO lacked independent "reason to believe" and only used borro...

October 26, 2025 828 Views 0 comment Print

ITAT Pune Upholds order u/s 263 – Unverified Advances Towards Property Purchase

Income Tax : ITAT Pune upholds PCIT's order u/s 263, setting aside an assessment for failure to verify ₹82.64 crore in advances for property...

October 4, 2025 972 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 10689 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 8235 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 7326 Views 0 comment Print


Latest Judiciary


Assessment Order Passed on Deceased Person Is Nullity in Law: ITAT Ahmedabad

Income Tax : ITAT held an assessment passed after the taxpayer's death was invalid in law, quashed the order, and treated all remaining issues ...

July 4, 2026 162 Views 0 comment Print

ITAT Deletes Additions as AO Made No Independent Inquiry Beyond ACB Information

Income Tax : ITAT deleted additions after finding the AO relied only on ACB information without independent inquiry or supporting evidence. ITA...

July 2, 2026 138 Views 0 comment Print

Loan to Non-Shareholder Company Not Taxable as Deemed Dividend

Income Tax : ITAT Kolkata held that a loan received by a company that was not a shareholder of the lender could not be taxed as deemed dividend...

July 1, 2026 456 Views 0 comment Print

Bombay HC Rejects Section 263 Revision as AO Conducted Necessary Inquiry

Income Tax : The Court held that Section 263 could not be invoked where the AO had made inquiries and accepted the assessee's explanation....

June 30, 2026 171 Views 0 comment Print

Section 263 Revision Invalid if CIT Failed to Show Assessment Was Erroneous

Income Tax : The Court held that Section 263 could not be invoked where the AO had raised queries, examined replies and completed the assessmen...

June 30, 2026 135 Views 0 comment Print


Mere Disagreement Doesn’t Justify invocation of Section 263 Revision Power: Madras HC

November 25, 2024 1131 Views 0 comment Print

Madras High Court held that issue relating to pre-closure premium was already considered and allowed by the assessing authority. Thus, invocation of revisionary power u/s. 263 for mere disagreement with the view of the assessing authority is unjustified in law.

Consequential order passed beyond terms of remand by Commissioner u/s. 263 not justified

November 20, 2024 1701 Views 0 comment Print

The First Appellate Authority, therefore, allowed the appeal of the appellant/assessee by relying on the remand report and finding that the consequential order passed by the Assessing Authority could not be legally sustained.

Additions u/s. 68 in hands of company set aside no additions made in hands of investors: ITAT Ahmedabad

November 20, 2024 1137 Views 0 comment Print

ITAT Ahmedabad held that addition u/s. 68 of the Income Tax Act towards unexplained cash credit set aside as no additions made in the hands of investors confirms genuineness of investor and hence investment cannot be stated as bogus in hands of company.

Revision u/s. 263 justified due to lack of inquiry and total non-application of mind by AO

November 19, 2024 1263 Views 0 comment Print

Delhi High Court held that revisionary proceedings under section 263 of the Income Tax Act justified in absence of any effective inquiry and total non-application of mind by AO. Accordingly, order passed by AO erroneous and prejudicial to interest of revenue.

LTCG on Penny Stocks: Report Not Before AO Can’t Make Order Prejudicial to Revenue

November 18, 2024 975 Views 0 comment Print

Analysis of ITAT Kolkata’s ruling in Usha Devi Modi vs ITO on Section 263 of the Income Tax Act, addressing capital gains on penny stocks and revisionary jurisdiction.

Income Tax Rule 2BBB Applies Prospectively from AY 2015-16: ITAT Ahmedabad

November 18, 2024 939 Views 0 comment Print

ITAT Ahmedabad held that Rule 2BBB of the Income Tax Rules, 1962 was introduced only from AY 2015-16 and the same is not applicable for AY 2014-15. Thus denial of exemption u/s. 10(23C)(iiiab) of the Income Tax Act unjustified.

Section 263 Not Invocable if Assessment is Erroneous but Not Prejudicial to Revenue Interests

November 16, 2024 1905 Views 0 comment Print

ITAT Cochin rules AO’s assessment must be both erroneous and prejudicial to revenue for S.263 proceedings. Delay condoned; appeal allowed for Kool Home Builders.

Revision u/s. 263 quashed as AO duly assessed NIL income due to proper application of funds

November 13, 2024 714 Views 0 comment Print

ITAT Visakhapatnam held that revision u/s. 263 quashed as AO already disallowed the claim of depreciation while framing assessment and assessed income at NIL due to proper application of funds.

Revisionary jurisdiction u/s. 263 not invocable when AO took legally plausible view: ITAT Ahmedabad

November 11, 2024 951 Views 0 comment Print

The assessee filed the return of income declaring a total income of Rs. Nil. However, AO completed the assessment u/s. 143(3) read with Section 144B determining the assessed income at Rs. 3,37,97,789/-.

Issuance of notice to dead person unjustified since entire estate taken over by official assignee: Madras HC

November 9, 2024 1074 Views 0 comment Print

Madras High Court held that issuance of notice in the name of assessee unjustified as Official Assignee has taken charge of the entire estate of the original assessee. Once the assets are taken over by official assignee the notice issued to dead person is non est in law.

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