Section 263 Archives - taxcaselaw.com

Bombay H.C : Order passed by DIT(E) is beyond the scope of Sec. 263 of the I T. Act when the subject matter of revision is applicability of proviso to Sec. 2(15) and not denial of exemption u/s. 11

High Court Of Bombay CIT (Exemption) vs. Slum Rehabilitation Authority Section 2(15), 10(20), 11, 80-I, 80-I(2), 143(3), 263, 263(1) Asst. Year 2009-10 Akil Kureshi & Sarang V. Kotwal, JJ. Income Tax Appeal No. 1359 OF 2016 26th March, 2019 Counsel Appeared: Suresh Kumar for the Petitioner.: S.E. Dastur, Sr. Counsel, Nishant Thakkar, Jasmin Amalsadvala, i/by Mint …

Delhi H.C : Whether the Tribunal is correct in law in holding that assumption of jurisdiction by the CIT, under Section 263 of the Act, was illegal?

High Court Of Delhi CIT vs. Sunil Lamba Section 55(2)(a), 263 Asst. Year 1995-96 S. Muralidhar & Sanjeev Narula, JJ. ITA 465/2003 20th March, 2019 Counsel Appeared: Ashok Manchanda, Sr. Standing Counsel, Pankaj Sinha, Adv. for the Petitioner : Ajay Vohra, Sr. Adv., Kavita Jha, Devika Jain & Anant Mann, Advs. for the Respondent. DR. S. …

Madras H.C : Section 10B(6) was attracted and deduction under Section 10B was to be computed without setting off of any carried forward losses and unabsorbed depreciation of the earlier assessment years

High Court Of Madras Intimate Fashions (India) P. Ltd. vs. Assistant Commissioner Ofincome Tax Section 10A, 10A(1), 10A(1A), 10A(4), 10A(6), 10B, 10B(4), 10B(6), 30 to 43D, 32(2), 70, 72 and 74, 260A, 263 Asst. Year 2003-04 S. Sivagnanam & V. Bhavani Subbaroyan, JJ. Tax Case Appeal Nos. 1456 & 1169 of 2008 11th January, 2019 Counsel …

Madras H.C : Whether the Appellate Tribunal is correct in law in sustaining the assumption of jurisdiction by the CIT under Section 263 of the Income Tax Act, 1961 for revising the re-assessment framed by the respondent in accepting the claim of exemption/deduction under Section 54F of the Act in the computation of long term capital gains even though there was apparent jurisdictional error in the attempt to review the order of assessment framed to bring to tax the escaped income within the scope of Section 147 of the Act?

High Court Of Madras Renuka Philip vs. ITO Section 263 Asst. Year 2005-06 T.S. Sivagnanam & N. Sathish Kumar, JJ. Tax Case Appeal No. 286 of 2012 14th November, 2018 Counsel appeared: Sriraman for the Appellant.: R. Hemalatha for the Respondent S. SIVAGNANAM, J. This appeal by the assessee is directed against the order passed by …

Punjab & Haryana H.C : Whether there could be two assessment orders for one assessment year at a given point of time?

High Court Of Punjab & Haryana Patiala Improvement Trust vs. Assistant Commissioner Of Income Tax Section 147, 148, 263 Asst. Year 2008-09 Ajay Kumar Mittal & Avneesh Jhingan, JJ. ITA-301-2015 (O&M) 20th October, 2018 Counsel Appeared: Sanjay Ghalawat, Rohit Sud, Advs. for the Petitioner.: Denesh Goyal, Sr. Standing Counsel for the Respondent. AJAY KUMAR MITTAL, J. …

Punjab & Haryana H.C : Whether on the facts and in the circumstances of the case, Hon’ble ITAT Chandigarh is justified in quashing the revisionary order under Section 263 made by the CIT-3, Ludhiana without appreciating the fact that all the comparison of figures made by the assessee is very much based on the figure taken from books of account duly admitted defective by the assessee himself during survey operation?

High Court Of Punjab & Haryana Pr.CIT vs. Venus Woollen Mills Section 263 Asst. Year 2008-09 Ajay Kumar Mittal & Avneesh Jhingan, JJ. ITA No.111 of 2015 (O&M) 27th September, 2018 Counsel Appeared: Rajesh Katoch, Sr. Standing Counsel for the Petitioner.: Sachin Bhardwaj, Adv. for the Respondent. AJAY KUMAR MITTAL, J. CM No. 17890-11-2018 Allowed as …

Gujarat H.C : the assessment of the petitioner for the assessment year 2013-2014 in revision in exercise of powers under section 263

High Court Of Gujarat Aryan Arcade Ltd vs. Pr.CIT Section 24, 56, 57, 143(3), 263 Asst. Year 2013-2014 Akil Kureshi & B.N. Karia, JJ. R/Special Civil Application No. 2816 of 2018 28th August, 2018 Counsel appeared: Tushar Hemani, Vaibhavi K Parikh for the Petitioner.: Manish Bhatt, Sr. Counsel, Mauna M Bhatt for the Respondent. AKIL KURESHI, …

Delhi H.C : Did the Income Tax Appellate Tribunal (“ITAT”) erred in holding that invocation of Section 263 of the Income Tax Act, 1961 in the assessee’s case, for two years (AY 201112 and 2012-13) was not warranted?

High Court Of Delhi Pr.CIT & Anr. vs. Braham Dev Gupta & Anr. Asst. Year 2011-12 & 2012-13 Section 263 S. Ravindra Bhat & A.K. Chawla, JJ. ITA 907/2017, C.M. APPL.38789/2017 & ITA 1162/2017, C.M. APPL.46234/2017 20th July, 2018 Counsel appeared: Zoheb Hossain, Sr. Standing Counsel with Deepak Anand, Jr. Standing Counsel and Piyush Goyal, Advocate …

Calcutta H.C : Possession of the land owned by the assessee was made over to a developer pursuant to an agreement of February 7, 2007 for construction being undertaken thereon, in view of amended Section 2(47)(v)

High Court Of Calcutta Pr.CIT vs. Infinity Infotech Parks Limited Section 2(47)(v), 45, 263, 53, 53A of Transfer of Property Act, 1882 Asst. Year 2007-08 Sanjib Banerjee & Abhijit Gangopadhyay, JJ. ITAT No. 225 of 2015 GA No. 4049 of 2015 GA No. 4050 of 2015 18th July, 2018 Counsel appeared: Md. Nizamuddin, Adv. J. P. …

Kerala H.C : The invocation of Section 263 of IT Act is bad in law for reason of the view taken by the Assessing Officer being one of the courses permitted by law

High Court Of Kerala CIT vs. Dr. P.N. Bhaskaran Section 263, 54EA, 147 Asst. Year 1999-2000 K. Vinod Chandran & Ashok Menon, JJ. ITA No. 1622 of 2009 12th June, 2018 Counsel appeared: E.K. Nandakumar Advs. for the Petitioner.: P. Benny Thomas, K. John Mathai for the Respondent VINOD CHANDRAN, J. The only question of law …

Category: Section 263