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Section 264

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Power of Best Judgement Assessment of Assessing Officer under Income Tax Laws

Income Tax : An overview of Section 144 of the Indian Income Tax Act, which allows an Assessing Officer to make a best judgment assessment in c...

September 20, 2025 2061 Views 0 comment Print

Revisionary Powers under Sections 263 & 264 of Income Tax Act, 1961

Income Tax : An analysis of Sections 263 and 264 of the Income-tax Act, 1961. It details the conditions, scope, and judicial precedents for the...

September 16, 2025 2748 Views 0 comment Print


Latest Judiciary


Reassessment Notice Quashed Due to Extinguishment of Tax Liabilities Under Approved Resolution Plan

Income Tax : The High Court held that once a resolution plan under IBC extinguishes prior tax liabilities, reassessment cannot be initiated. Th...

April 1, 2026 513 Views 0 comment Print

Foreign Tax Credit (FTC) Allowed Despite Delay in Filing Form No. 67

Income Tax : The Tribunal held that delay in filing Form 67 is a procedural lapse. It restored the matter to the AO to verify and allow Foreign...

March 19, 2026 642 Views 0 comment Print

Penalty U/s 271DA & 271E Invalid When Original Assessment Set Aside – ITAT Deletes Penalties

Income Tax : The tribunal examined whether penalties could continue when the fresh assessment order did not record satisfaction for initiating ...

March 14, 2026 429 Views 0 comment Print

ITAT Bangalore Deletes Sec 69A Addition on Demonetisation Cash Deposits Explained by Earlier Withdrawals

Income Tax : The Tribunal accepted that the deposits represented funds withdrawn earlier for house construction. Since the explanation was supp...

March 5, 2026 351 Views 0 comment Print

No Section 263 Revision When Two Views Possible on Section 28 Interest on Enhanced Compensation

Income Tax : The Tribunal held that where the AO had examined and accepted exemption on interest under Section 28 of the Land Acquisition Act, ...

February 25, 2026 321 Views 0 comment Print


ITAT Hyderabad quashes final TP assessment as time-barred despite DRP directions

December 16, 2025 672 Views 0 comment Print

The Tribunal held that limitation under Section 153 overrides the DRP timeline under Section 144C. As the assessment was completed beyond the statutory outer limit, it was quashed as invalid.

DRP Route Cannot Extend Statutory Time Limit Under Section 153

December 16, 2025 612 Views 0 comment Print

The Tribunal held that a final assessment passed after the expiry of Section 153 is invalid, even if it follows DRP directions. The is that limitation under Section 153 remains mandatory and cannot be bypassed through the DRP route.

Under-Reporting Penalty- AO Didn’t Decide Form 68 in Time: ITAT Deletes 270A Penalty

December 1, 2025 1281 Views 0 comment Print

The Tribunal held that the assessee cannot suffer due to the AO’s inaction under section 270AA(4), directing grant of immunity and cancelling the 270A penalty.

Section 264 Revision Cannot Be Denied on Technicalities for Elderly Alzheimer’s Patient

December 1, 2025 732 Views 0 comment Print

The High Court held that the Commissioner did not properly apply the wide discretionary powers under section 264. The matter was remanded for fresh consideration in light of the petitioner’s circumstances and submitted records.

Scrutiny assessment of ‘receipts of trust’ does include appropriation of the same

November 26, 2025 240 Views 0 comment Print

The Kerala High Court held that scrutiny of exempted trust returns was correctly conducted as complete scrutiny, allowing assessment of appropriation of receipts under Section 12A.

CIT(A)’s Jewellery Reconciliation Upheld: Unexplained Investment u/s 69 Deleted

November 23, 2025 1230 Views 0 comment Print

ITAT held that most jewellery seized during a search could be accounted for from declared drawings and past income, reducing addition to ₹72.45 lakh. Ruling emphasizes that unexplained investment must be proven in relevant assessment year.

Patna ITAT quashes Section 270A Penalty for Lack of Timely Immunity Order

November 1, 2025 777 Views 0 comment Print

Relying on the Schneider Electric judgment of the Delhi High Court, the ITAT held that absence of a separate immunity order within one month does not justify penalty imposition.

Reopening Based on IDS Disclosure Invalid: Bombay HC Slams Revenue for “Abuse of Power”

October 27, 2025 606 Views 0 comment Print

Bombay High Court quashed reassessment proceedings initiated using data from a valid IDS declaration, holding that once accepted under the Income Disclosure Scheme, the Revenue cannot revisit or reassess the same income.

Karnataka HC Allows Condonation for 67-Year-Old Who Mistakenly Filed Form 68 Manually Instead of Online

October 26, 2025 498 Views 0 comment Print

The Karnataka High Court set aside the PCIT’s rejection of a condonation delay application for late online Form 68 filing. The court adopted a justice-oriented view, directing a fresh, liberal reconsideration, as the taxpayer’s manual compliance was timely and the error was bona fide.

ITAT Delhi Deletes Capitation Fee Additions Against Educational Trust

October 3, 2025 396 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT), Delhi, ruled against the revenue’s additions of unaccounted capitation fees and cash loan interest under Sections 69A and 69C against the Saraswati Ammal Educational & Charitable Trust.

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