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Income Tax - Highlights / Catch Notes

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Validity of Revision u/s 263 - An order which is prejudicial to ...


Assessment Order Revision Valid if Inquiry Lapses on Shell Company Loans, Protecting Revenue Interests.

March 21, 2024

Case Laws     Income Tax     HC

Validity of Revision u/s 263 - An order which is prejudicial to revenue even if no Tax Loss - The High Court found that the AO's assessment did not adequately address the genuineness and creditworthiness of the loan transactions from certain entities, identified in a DDIT investigation report as shell companies operated by an entry operator. This oversight was deemed a significant inquiry lapse, rendering the assessment order both erroneous and prejudicial to the Revenue's interests. - The Court underscored the principle that an order could be deemed erroneous if it was prejudicial to the Revenue, even if it did not result in immediate tax loss, reflecting a broader interpretation aimed at preserving the Revenue's interests.

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