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Search results for revisionary

Supreme Court tells trial court to halt action in Sambhal case
3 weeks, 3 days ago

Supreme Court tells trial court to halt action in Sambhal case

Hindustan Times  

The Supreme Court on Friday asked a Sambhal court to defer hearing the Shahi Jama Masjid survey case till the Allahabad high court lists the appeal by the mosque management committee against the survey, even as it asked the mosque committee to approach the high court to challenge the trial court’s order of survey, and instructed that the matter be …

Supreme Court Trial Uttar Pradesh Trial Court Order Survey High
[S.263 IT Act] Revisionary Power Can Be Invoked When Order Meets Twin Conditions Of Being Erroneous, Prejudicial To Interest Of Revenue: Delhi HC
1 month, 1 week ago

[S.263 IT Act] Revisionary Power Can Be Invoked When Order Meets Twin Conditions Of Being Erroneous, Prejudicial To Interest Of Revenue: Delhi HC

Live Law  

The Delhi High Court has held that in order to invoke Section 263 of the Income Tax Act, 1961, the Principal Commissioner must satisfy “twin conditions”, i.e. A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma observed, “Twin conditions have to be met for assuming jurisdiction under Section 263 of the Act, and the PCIT has to form …

Court Income Tax Case Interest Revenue Held Commissioner
Revisionary Power Can't Be Invoked On Allegation Of Improper Inquiry By AO: Delhi ITAT
6 months ago

Revisionary Power Can't Be Invoked On Allegation Of Improper Inquiry By AO: Delhi ITAT

Live Law  

The Delhi Bench of Income Tax Appellate Tribunal has held that the assessment order cannot be held to be erroneous and prejudicial to the interest of revenue merely on the allegation that the Assessing Officer has not made an inquiry and verification with regard to cash deposits as well as scrap sales.The bench of Saktijit Dey and Naveen Chandra. The …

Assessment Order Income Interest Officer Allegation Itat
Mere Difference Of Opinion With AO Is No Basis To Exercise Revisionary Power U/s 263: Chandigarh ITAT Confirms Sec 80P Deduction Granted By AO
6 months, 3 weeks ago

Mere Difference Of Opinion With AO Is No Basis To Exercise Revisionary Power U/s 263: Chandigarh ITAT Confirms Sec 80P Deduction Granted By AO

Live Law  

The Chandigarh ITAT quashed the revision order u/s 263 holding that application of mind is discernible from examination of the record and that “the power under Section 263 of the Act was exercised on the basis of a mere difference in opinion with the AO, rendering such exercise of revisionary power to be invalid”. The Division Bench comprising A.D. Jain …

Assessment Bank Order Cooperative Sec Bench Deduction
President's Power Of Review Under Rule 29(A) Of CCS (CCA) Rules 1965 Is Of A Revisionary Nature And Not Of A a Nature Of Reviewing One's Own Order: CAT Cuttack
7 months, 2 weeks ago

President's Power Of Review Under Rule 29(A) Of CCS (CCA) Rules 1965 Is Of A Revisionary Nature And Not Of A a Nature Of Reviewing One's Own Order: CAT Cuttack

Live Law  

The Central Administrative Tribunal Cuttack bench of Sudhi Ranjan Mishra and Pramod Kumar Das held that under Rule 29 of CCS Rules 1965 the President has the power to review any order under the CCS Rules, 1965 including an order of exoneration. Brief Facts: The matter pertained to a departmental proceeding initiated against the Applicant in 2007 under Rule 14 …

Order Applicant Rules Review Respondent No Upsc President
Assessment By AO Can't Be Termed As Prejudicial To Interest Of Revenue If It Doesn't Result In Any Loss To Revenue: Indore ITAT
8 months, 3 weeks ago

Assessment By AO Can't Be Termed As Prejudicial To Interest Of Revenue If It Doesn't Result In Any Loss To Revenue: Indore ITAT

Live Law  

On finding that the facts of the case do not warrant application of section 263 of the Income Tax Act, the Indore ITAT set aside the revision order passed by PCIT and restored the original assessment-order passed by the AO. In the light of those rulings, the AO has rightly assessed the income at normal rates of tax, hence there …

Order Income Revenue Bench Passed Itat Assessee
Section 54 Deduction Can't Be Disallowed Merely For Not Depositing LTCG In Capital Gain Account Scheme: ITAT
1 year ago

Section 54 Deduction Can't Be Disallowed Merely For Not Depositing LTCG In Capital Gain Account Scheme: ITAT

Live Law  

The Delhi Bench of Income Tax Appellate Tribunal has held that deduction under Section 54 of the Income Tax Act cannot be disallowed merely for not depositing long-term capital gain that was not deposited in the capital gain account scheme.The bench of Saktijit Dey and M. Balaganesh has adopted a hyper-technical approach while dealing with. The Delhi Bench of Income …

Property Assessment Order Income Capital Scheme Gain
Matter Which Is Not The Subject Matter Of Limited Scrutiny Cannot Be Raised In Revisionary Proceedings: ITAT
2 years ago

Matter Which Is Not The Subject Matter Of Limited Scrutiny Cannot Be Raised In Revisionary Proceedings: ITAT

Live Law  

The Chandigarh Bench of the Income Tax Appellate Tribunal has held that matters that were not subject to limited scrutiny cannot be raised in revisionary proceedings.The two-member bench of Diva Singh and Vikram Singh Yadav has observed that the matter relating to wages and labor expenses, which was not subject to limited scrutiny, cannot be raised. The Chandigarh Bench of …

Income Judicial Limited Matter Raised Itat Subject
Addition Made By AO Despite Issue Pending Before AAR; Assessment Order Not Void: ITAT
2 years, 3 months ago

Addition Made By AO Despite Issue Pending Before AAR; Assessment Order Not Void: ITAT

Live Law  

The Bangalore Bench of the Income Tax Appellate Tribunal has ruled that an assessment order passed by an Assessing Officer, deciding on an issue pending before the AAR, in contravention of the mandate laid down in Section 245R of the Income Tax Act, 1961, would not make the entire assessment order void. The Bench of N. V. Vasudevan and Chandra …

Tax Assessment Income Tax Order Income Tribunal Issue
Revisionary Order Invalid Due to Lack of DIN: ITAT
2 years, 4 months ago

Revisionary Order Invalid Due to Lack of DIN: ITAT

Live Law  

The Kolkata Income Tax Appellate Tribunal has declared the revisionary order passed by the CIT and deemed to have never been issued as it fails to mention Document Identification Number in its body by adhering to the CBDT circular. The two-member bench of Sanjay Garg and Girish Aggarwal observed that there was no reference to the fact that the order …

Kolkata Tax Income Issued Itat Assessee Ita
Tax Cases Weekly Round-Up: 24 July To 30 July, 2022
2 years, 4 months ago

Tax Cases Weekly Round-Up: 24 July To 30 July, 2022

Live Law  

Supreme Court Case Title : Union of India vs. M/s Filco Trade Centre Pvt. The Karnataka High Courthas directed the Income Tax Department to issue a 'Nil Tax Deduction at Source' Certificate to Flipkart under Section 195 of the Income Tax Act, 1961, with respect to the reimbursements made by it to Walmart Inc. Madras High Court Case Title: M/s.Gharpure …

Justice Tax Customs Income Tax Title Held High
ITAT Holds Revisionary Order Passed Without Mentioning DIN As Invalid
2 years, 4 months ago

ITAT Holds Revisionary Order Passed Without Mentioning DIN As Invalid

Live Law  

The Kolkata Bench of the ITAT has quashed the revisionary order passed by the Income Tax Authority without quoting the Document Identification No. The Bench, consisting of Mr. Sanjay Garg and Mr. Girish Agrawal, held that since the order passed by the Income Tax Authority failed to mention the DIN in its body, therefore, the said order was "invalid and …

Tax Income Tax Order Income Department Passed Issued
Revisional Jurisdiction Is Not Meant To Test The Waters Of What Might Happen In The Trial: Delhi High Court
2 years, 7 months ago

Revisional Jurisdiction Is Not Meant To Test The Waters Of What Might Happen In The Trial: Delhi High Court

Live Law  

Delhi High Court recently observed that revisional jurisdiction is not meant to test the waters of what might happen in the trial. The observation came from Justice Chandra Dhari Singh who also said that the revisional Court has to consider the correctness, legality or propriety of any finding inter se an order and as to the regularity of the proceedings …

High Court Jurisdiction Trial Court Delhi High Court Charge Order
Surrealists at Sea: Artists Dušan and Voitre Marek finally receive their place in the pantheon of Australian surrealism
3 years, 5 months ago

Surrealists at Sea: Artists Dušan and Voitre Marek finally receive their place in the pantheon of Australian surrealism

Firstpost  

Surrealists at Sea explores their work in depth, dwelling on their ideas and work in diverse media, especially Dušan’s stunning mid-century films, and how they sustained their surrealist practice across their entire careers. Catherine Speck, The University of Melbourne Surrealism — famously defined by Andre Breton in his 1924 Manifesto of Surrealism as “pure psychic automatism” — first emerged in …

Art World Exhibition Work Artists Sea This Country