Validity of an ex-parte revisionary order passed by the ...

Ex-parte order by tax officials upheld for reassessment on cash dealings & penalty proceedings.

Case Laws Income Tax

September 6, 2024

Validity of an ex-parte revisionary order passed by the Principal Commissioner of Income Tax (PCIT) u/s 263 of the Income Tax Act. The key points are: The PCIT passed the revisionary order after considering the assessee's submissions, refuting allegations of violating principles of natural justice. The order was within the statutory time limit of two years from the end of the relevant financial year. The PCIT had revisionary jurisdiction as the Assessing Officer's (AO) order was erroneous and prejudicial to revenue interests by not examining cash transactions exceeding Rs. 20,000, attracting disallowance u/s 40A(3). The AO's order was cryptic, lacking examination of issues mandated for scrutiny under CASS. The PCIT correctly pointed out the AO's mistakes in not disallowing expenses u/s 40A(3) and not initiating penalty proceedings u/ss 269SS, 269T, and 271D for cash loan repayments. The PCIT directed the AO to pass a fresh assessment order, including consequential penalties, without transgressing jurisdiction u/s 263.

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Validity of an ex-parte revisionary order passed by the ...

Ex-parte order by tax officials upheld for reassessment on cash dealings & penalty proceedings.

Case Laws Income Tax

September 6, 2024

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