Jurisdiction to entertain petitioner’s Revision application u/s ...

Court Clarifies Jurisdiction for Revision Applications Under Income Tax Act, Directs PCIT to Exercise Authority.

April 4, 2024

Case Laws Income Tax HC

Jurisdiction to entertain petitioner’s Revision application u/s 264 - The Court referenced Section 143(1)(A) and Section 120 of the Income Tax Act, emphasizing that CPC functions as a facilitator to the JAO, who maintains jurisdiction over the assessment process, including demand enforcement and assessment framing. - The Court highlighted the CBDT directive stating that powers under Sections 263 and 264 of the Act are to be exercised by the Jurisdictional Principal Commissioners of Income Tax, affirming the JAO's jurisdictional authority. - Despite initial uncertainty expressed by PCIT– 5 regarding jurisdiction, the Court directed him to exercise jurisdiction upon court order, clarifying that his hesitation should not be construed as a reluctance to perform his duties.

View Source

← Previous Next →

Jurisdiction to entertain petitioner’s Revision application u/s ...

Court Clarifies Jurisdiction for Revision Applications Under Income Tax Act, Directs PCIT to Exercise Authority.

April 4, 2024

Case Laws Income Tax HC

You may also like:

Relevance of the valuation report received after assessment, the application of mind by the PCIT in invoking Section 263 revision jurisdiction, the treatment of...

Assessee surrendered income during survey u/s 133A as unaccounted professional receipts, which AO accepted as professional income taxable at normal rates. PCIT invoked...

The High Court held that the Principal Commissioner of Income Tax (PCIT) lacked jurisdiction to pass an order u/s 263 of the Income Tax Act in this case. The Assessing...

Revision u/s 263 by CIT - the assessee had duly explained as to why certain receipts though subjected to TDS, would not be liable to be offered to tax such as...

The High Court addressed various legal issues including jurisdiction, inquiry u/s 202 of the Cr.P.C., applications for production of bank statements, comparison of...

The High Court held that the petitioners have the option to file writ petitions challenging the orders of the Revisionary Authority either before the High Court within...

Revision u/s 263 - the ld PCIT had invoked revision jurisdiction u/s 263 of the Act on the very same point of allowability of LTCL. Hence it could be safely concluded...

The High Court considered the maintainability of a petition involving cheating, misappropriation of funds, and defrauding investors. The Court applied the Doctrine of...

The Appellate Tribunal addressed a case involving revision u/s 263 by PCIT questioning the recognition of liabilities 'Nardana Claim-1' and 'Nardana Claim-2' under ICDS....

Jurisdiction - powers of AO to re-assess the escape turnover - Power of suo moto revision. - The High court found that the respondent No. 3 (Additional Commissioner of...

The Delhi High Court considered the validity of an arbitral award and the jurisdiction of the Facilitation Council u/s 18 of the MSME Act. The key issue was the...

Jurisdiction to entertain and dispose of the Interim Application - Section 231 creates a bar on the jurisdiction of a civil court only where the Adjudicating Authority...

The High Court held that the petitioner, a Director in the Government of Meghalaya's Department of Soil, who claimed exemption from income tax u/s 10(26) as a member of...

Revision u/s 263 - successor PCIT / CIT did not agree with his predecessor - second revision order - assessment has been set aside or de novo assessment - sending of the...

Change of jurisdiction u/s 127 - As in the present case, the Assessing Officer rejected the objection regarding the jurisdiction and referred the matter to the PCIT to...

Quick Updates: