ITAT held that revisionary proceedings under Section 263 cannot ...

Revisionary Powers Under Section 263 Limited When Appellate Order Has Merged with Original Assessment

May 26, 2025

Case Laws Income Tax AT

ITAT held that revisionary proceedings under Section 263 cannot be initiated for matters already considered and decided in appeal by CIT(A). In this case, the alleged bogus share capital was deemed genuine by CIT(A), thus precluding further revisional action. Relying on precedent from Bombay HC in Slum Rehabilitation Authority, the Tribunal applied the doctrine of merger, which prevents reassessment of issues already adjudicated in appellate proceedings. The PCIT's attempt to reopen the assessment was deemed improper, as the original assessment order had merged with CIT(A)'s order. Consequently, the assessee's appeal was allowed, effectively nullifying the revisionary proceedings.

View Source

← Previous Next →

ITAT held that revisionary proceedings under Section 263 cannot ...

Revisionary Powers Under Section 263 Limited When Appellate Order Has Merged with Original Assessment

May 26, 2025

Case Laws Income Tax AT

You may also like:

Validity of assessment order - refund of BES - When the grounds for considering the appeal was the pendency of the appeal before the Tribunal, the Order of the...

Reopening of assessment u/s 147 - The High Court noted that the issue of disallowance under Section 14A of the Act had been thoroughly examined during the original...

ITAT held that the assessment order under sec. 153C was invalid due to lack of proper satisfaction regarding incriminating material. The AO failed to establish a direct...

This case involves a challenge to an order of re-assessment under the relevant tax laws. The key points are: The petitioner failed to submit monthly returns within the...

The final assessment order passed by the Assessing Officer u/s 147 read with Section 144C(13) for the Assessment Year 2016-17 is quashed as barred by limitation. Except...

Revision u/s 263 - selection of the case under limited scrutiny - expansion scope of limited scrutiny - As per CIT high sea sales is speculative transaction and...

Reopening of assessment u/s 147 - AO has reasons to believe that such payments which were not considered during the original assessment escaped assessment and therefore,...

Interest u/s 158BFA(1) - the interest u/s 158BFA(1) should be charged upto the date of original assessment order, i.e., the expression “date of completion of assessment...

Conversion of “Limited Scrutiny” into “Complete Scrutiny” - Expanding the scope of limited scrutiny assessment without necessary approval - Since the notice under...

ITAT Order: Procedural Violation in Limited Scrutiny Assessment The ITAT held that the Assessing Officer (AO) exceeded jurisdictional limits by expanding the scope of...

Scope of limited scrutiny - Assessing Officers should abide by the instructions of CBDT while completing limited scrutiny assessments and should be scrupulous about...

ITAT quashed PCIT's revisionary order under Section 263, finding no substantial errors in the original assessment. The tribunal held that the Assessing Officer (AO) had...

ITAT Ruling: Partially Allowed The ITAT partially upheld the Pr.CIT's revisionary order under section 263. The tribunal confirmed the Pr.CIT's finding regarding...

Revision u/s 263 - scope of limited scrutiny - PCIT has directed the AO to pass the assessment order afresh ignoring that when the case is selected for limited scrutiny,...

Reopening of assessment u/s 147 - Reasons to believe - The ITAT thoroughly examined the reasons recorded by the AO for re-opening the assessment and found that there was...

Quick Updates: