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Income Tax - Highlights / Catch Notes

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Revision u/s 263 - Deduction u/s 36(1)(vii) with respect to ...


High Court: CIT Can't Use Section 263 for Write-Off Deductions If AO's View is Plausible, Despite Inadequate Enquiry.

August 23, 2022

Case Laws     Income Tax     HC

Revision u/s 263 - Deduction u/s 36(1)(vii) with respect to write off of interest - CIT could not invoke jurisdiction u/s 263 as the view taken by the AO was a possible/plausible view. It was only if the AO had not made any enquiry then it could be said that the order passed was erroneous. This is not a case of lack of enquiry though it may be a case of inadequate enquiry. Inadequacy of enquiry as elucidated above does not give jurisdiction to the CIT to invoke provisions of Section 263 prior to the insertion of Explanation 2. - HC

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