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RAJIV SHAKDHER, GIRISH KATHPALIA
Commissioner of Income Tax (exemptions) Delhi – Appellant
Versus
East Point Education Society – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
1. This appeal concerns Assessment Year (AY) 2012-13.
2. The appeal is directed against the order dated 06.09.2019 passed by the Income Tax Appellate Tribunal [in short, "Tribunal"].
2.1 The Tribunal via the impugned order has set aside the order passed by the Commissioner of Income Tax (Exemptions) [in short, "CIT(E)"] dated 20.03.2017 in exercise of its powers under Section 263 of the Income Tax Act, 1961 [in short, "Act"].
3. Briefly, the central issue in the case is: whether the amount, which, to begin with, was given by one of the trustees, i.e., Mr Mohinder Singh, in the form of unsecured loans, and which was later on converted to contribution, should have formed the basis for exercising revisional powers?
4. What is not in dispute is that the respondent/assessee obtained registration under Section 12A of the Act on 10.09.1985.
4.1 It is also not in dispute that the respondent/assessee obtained registration under Section 80(G)(5)(vi) of the Act, as far back as on 23.11.2009. These registrations were obtained for AYs 2010-11 to 2012 13.
5. In the period in issue, the respondent/assessee ha
The court emphasized that for exercise of powers under Section 263 of the Income Tax Act, not only the order passed by the Assessing Officer would have to be categorized as erroneous, but it also has....
The Commissioner of Income Tax can exercise revisional powers under Section 263 if the assessment order is found to be erroneous and prejudicial to the revenue, necessitating a fresh examination of k....
The Commissioner of Income Tax can exercise revisional powers under Section 263 only if the assessment order is both erroneous and prejudicial to the revenue, requiring a thorough examination of the ....
Assessment order under section 153A with prior section 153D approval cannot be revised under section 263 unless approval held erroneous and prejudicial to revenue.
Section 263 of the Income-tax Act empowers revision only if an assessment order is both erroneous and prejudicial; mere disagreement with the order is insufficient.
The main legal point established in the judgment is that the Assessing Officer's inquiry into the claims made by the assessee under Section 36(1)(vii) and Section 36(1)(iii) of the Income Tax Act, 19....
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