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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 2346 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 3471 Views 0 comment Print


Latest Judiciary


Retired Bank Employee Gets Relief as Leave Encashment Was Within Revised ₹25 Lakh Limit

Income Tax : The ITAT held that leave encashment of ₹6.97 lakh was fully exempt as it fell within the revised ₹25 lakh ceiling under Notifi...

May 29, 2026 195 Views 0 comment Print

Leave Encashment Addition Deleted as CBDT Increased Exemption Ceiling to ₹25 Lakh

Income Tax : The ITAT allowed exemption of the entire leave encashment amount after noting that the revised ₹25 lakh ceiling exceeded the amo...

May 29, 2026 78 Views 0 comment Print

ITAT Quashes TP Assessment Orders as Consequential Orders Were Passed Beyond Limitation Period

Income Tax : ITAT Hyderabad held that assessment orders passed pursuant to earlier remand directions were barred by limitation under Section 15...

May 19, 2026 237 Views 0 comment Print

Bombay HC Quashes Reassessment as Limitation Expired Before Assessment Order Was Passed

Income Tax : The Bombay High Court held that reassessment proceedings became time-barred because no reassessment order was passed within the li...

May 12, 2026 267 Views 0 comment Print

ITAT Kolkata Allows Foreign Tax Credit Despite Late Filing of Form 67

Income Tax : The ITAT Kolkata held that delayed filing of Form No. 67 is only a procedural defect and cannot deprive an assessee of Foreign Tax...

May 12, 2026 255 Views 0 comment Print


No Second Bite at the Cherry- ‘Set Aside’ u/s 264 means Assessment Quashed

August 23, 2025 1086 Views 0 comment Print

ITAT Bangalore ruled that an AO cannot re-initiate assessment after a PCIT ‘sets aside’ an order without providing fresh directions, quashing a cash deposit addition.

Section 264: Revisional Authority Can Review Existing Orders, Cannot Direct AO

July 24, 2025 729 Views 0 comment Print

Kerala High Court rules Section 264 revisional authority can only review existing orders, not issue directions to Assessing Authority; clarifies limitation period.

Best judgement assessment without hearing opportunity is not sustainable: Matter remanded

June 16, 2025 480 Views 0 comment Print

Gujarat High Court held that Revisional authority ought to have taken into consideration that AO has to pass best judgement assessment order without granting an opportunity of being heard. Thus, matter remanded back to AO for de novo consideration.

AO Empowered to Modify Penalty as per Higher Authority or Court Orders

May 5, 2025 993 Views 0 comment Print

ITAT Ahmedabad held that section 275(1A) of the Act empowers AO to impose or enhance or reduce or cancel penalty pursuant to the quantum appeal before higher appellate authority or court by giving effect to the quantum order.

Re-opening u/s. 147 quashed as not based on tangible material: Madras HC

April 7, 2025 1146 Views 0 comment Print

Madras High Court held that re-opening of assessment u/s. 147 must be based on some tangible material without such tangible material, re-opening is merely inspired from change of opinion and hence the same is liable to be quashed.

Director’s Income Tax Liability: HC dismisses writ as Alternative Remedy exist

April 4, 2025 672 Views 0 comment Print

 Karnataka High Court dismisses writ petition challenging a tax liability order under Section 179 of the IT Act, citing an alternative remedy under Section 264.

Reimbursements for seconded employees did not constitute FTS: Karnataka HC

March 19, 2025 1002 Views 0 comment Print

Karnataka High Court rules on TDS applicability under Section 195 of the Income Tax Act in the case of Abbey Business Services India Pvt. Ltd. vs. Director of Income-Tax.

Section 264 empowers Tax Authorities to Correct Mistakes by Officials or Taxpayers

February 20, 2025 2841 Views 0 comment Print

Delhi High Court overturns order in Interglobe Enterprises vs. PCIT case, ruling that ₹1.51 crore interest income cannot be taxed twice. Case remanded for reassessment.

Section 264: CIT must Correct Errors by Authorities or Assessees to Provide Relief

February 20, 2025 1875 Views 0 comment Print

Delhi HC clarifies the wide scope of Section 264 of the Income Tax Act, emphasizing that the Commissioner must address errors leading to over-assessment, even if raised for the first time in a revision application.

Section 264 Revision Accepted: Suo Moto Disallowance Rectified

February 12, 2025 1056 Views 0 comment Print

Delhi High Court held that suo moto disallowance with bona fide yet mistaken belief that amount is liable to be offered for taxation, such mistake can be rectified via revision application under section 264 of the Income Tax Act.

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