Revised return enhancing declared income necessitated by ...

Tribunal's plenary powers prevail over return revisions. AO must consider additional grounds afresh. CBDT circular overruled.

Case Laws Income Tax

August 1, 2024

Revised return enhancing declared income necessitated by settlement with respondents in earlier years. AO refused to accept declarations and proceed per settlement. AO's view that granting relief would result in income falling below threshold declared in Return of Income. Supreme Court's judgment in Wipro Finance case laid to rest doubts regarding Tribunal's power to entertain fresh claims and accord relief, irrespective of assessee's position in return. Ordinarily, assessee bound by return, but Tribunal's plenary powers u/s 254 cannot be denied or subjected to return revision. CBDT circular cannot disregard Tribunal's direction to AO to examine issue afresh. Writ petitions allowed, final assessment orders quashed insofar as negating consideration of additional grounds. AO to consider additional grounds and pass fresh orders. Consequential demand and penalty notices also quashed.

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Revised return enhancing declared income necessitated by ...

Tribunal's plenary powers prevail over return revisions. AO must consider additional grounds afresh. CBDT circular overruled.

Case Laws Income Tax

August 1, 2024

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