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Income Tax - Highlights / Catch Notes

Home Highlights December 2021 Year 2021 This

Revision u/s 263 by CIT - Having come to a conclusion that the ...


PCIT's order u/s 263 lacks jurisdiction, fails to show error in original assessment, limits A.O.'s authority.

December 18, 2021

Case Laws     Income Tax     AT

Revision u/s 263 by CIT - Having come to a conclusion that the income should be taxed under the had ‘income from other sources’ it was not open to the PCIT to direct the A.O. to make enquiries and verifications without keeping the issue open for him to be determined afresh. It is evident that the issue was foreclosed in the revisional order itself and the A.O. was simply directed to follow the dotted lines in the garb of lack of proper enquiries or verifications. - Manifestly, the revisional order does not pass the test of prerequisites of jurisdiction embedded in section 263 of the Act. In our view, the PCIT has failed to demonstrate any perceived error in the assessment order. - AT

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