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Revision u/s 263 - Suo moto revisional proceeding initiated - ...


High Court Voids Suo Moto Revisional Order for 2017-18, Citing Lack of Jurisdiction and Natural Justice Breach.

May 14, 2024

Case Laws     Income Tax     HC

Revision u/s 263 - Suo moto revisional proceeding initiated - The Gauhati High Court allowed the writ petition and set aside the Show Cause Notice and the ex-parte Order issued u/s 263 for the assessment year 2017-18. The Court concluded that the initiation of proceedings was illegal, arbitrary, and without jurisdiction. The assessment order, even if erroneous, was not prejudicial to the revenue, as the discrepancy in long-term capital gains was related to exempt income. The judgment reaffirmed the necessity of both conditions being met for the exercise of revisional jurisdiction and emphasized adherence to principles of natural justice.

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