Section 263 case laws

Tax queries 1191 views 4 replies

Hello everyboy,

Can anyone provide  me a case law or circular or notification  for two things or issues under section 263:

1) that appeal can be directly filed by the assessee to Income Tax Appelate Tribunal once an order enhancing or modifying or seting aside or cancelling the assessment is passed  by the Commisioner of income Tax u/s 263 is received by the asessee without waiting for the Assesing officer to pass the order to give effect to the directions issued by CIT u/s 263 order and then file an appeal to CIT (appeals) after receiving the order of Assesing officer to give effect to order passed by CIT u/s 263

2) What do you mean by the term erroneous and prejudicial to the interests of the revenue u/s 263 and any case law or notification or circular which subtantiates that the assessee can contest in the income tax appelate tribunal on the grounds that order passed under section 263 itself is not sustainable and wrongly passed by CIT u/s 263

Please provide case laws for the same it is urgent

Replies (4)

I TRY TO UPDATE IT SOON...................................

Answer for Part 2 of your query:

The word ‘erroneous’ in that section includes cases where there has been failure to make the necessary inquiries. It is incumbent on the Assessing Officer to investigate the facts stated in the return when circumstances make such an inquiry prudent and the word ‘erroneous’ in section 263 includes the failure to make such an enquiry. The order becomes erroneous because such an enquiry has not been made and not because there is anything wrong with the order if all the facts stated therein are assumed to be correct.

Prejudicial means any loss to the revenue. i.e.A.O's order is such that, it may cause loss to the revenue.

Assessee can not file appeal before ITAT directly by not going first before CIT(A). In other words, A.O. order--->CIT order--->CIT(A) order---->ITAT. ITAT is final fact finding authority and ITAT refers to the order passed by CIT(A).

I will quote relevant case law soon...

Assessee had filed transfer pricing report with AO and AO didnt refer the same to the TPO. Notice u/s 263 was sent to assessee and AO was directed to submit the international transaction report back to TPO.

what shall be the reply to AO and the relevant case laws pls.

 


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