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Income Tax - Highlights / Catch Notes

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Revision u/s 263 - For the purpose of exercising jurisdiction ...


Pr. CIT/CIT Must Conduct Enquiry to Prove AO's Order is Erroneous u/s 263 of Income Tax Act.

July 16, 2022

Case Laws     Income Tax     AT

Revision u/s 263 - For the purpose of exercising jurisdiction u/s 263 of the Act, the conclusion that the order of the AO is erroneous and prejudicial to the interest of the revenue has to be preceded by some minimal enquiry by Pr. CIT/CIT. If the Pr. CIT/CIT is of the view that the AO did not undertake any enquiry, it becomes incumbent on the Pr. CIT/CIT to conduct such enquiry. If the Pr. CIT/CIT does not conduct such basic exercise then the Pr. CIT/CIT is not justified in setting aside the order u/s. 263 of the Act. - AT

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