HARISANKAR V. MENON
Ninan Jacob & Associates Palamoottil – Appellant
Versus
Principal Commissioner Of Income Tax – Respondent
JUDGMENT :
Harisankar V. Menon, J.
The petitioner, an assessee under the Income Tax Act, 1961 (for short ‘the Act’), has filed this writ petition essentially challenging Ext.P4 order dated 05.12.2016 issued by the 1st respondent, rejecting a request made by the assessee under Section 264 of the Act. He also sought for the issue of appropriate directions to the 1st respondent herein to grant refund of the TDS amount based on the revised return filed, following certain judgments referred to in the prayer portion.
2. The short facts necessary for the disposal of this writ petition, are as follows:
3. The assessment proceedings against the petitioner under Section 143(1) were taken culminating in the issue of Ext.P1 intimation dated 04.06.2013. A reference to Ext.P1 would show that the loss, as declared by the petitioner, is accepted. Upon receipt of th
Raghavan Nair v. Assistant Commissioner of Income-tax and Another 2018 (1) KLT 432
The court established that an intimation under Section 143(1) can be treated as an order for revision under Section 264, emphasizing the assessing authority's duty to consider refund claims based on ....
An intimation under Section 143(1) of the Income Tax Act is revisable under Section 264, and the Principal Commissioner must exercise revisional powers when the time for appeal has expired.
The court established that an intimation under Section 143(1) of the Income Tax Act is revisable under Section 264, and the Commissioner cannot decline jurisdiction based solely on the existence of a....
The court emphasized the Commissioner's obligation to consider the merits of a revision application under Section 264 of the Income Tax Act, especially in cases of technical errors affecting tax clai....
The court ruled that the Commissioner must consider the merits of a revision application under Section 264 of the Income Tax Act, emphasizing the need for a fair hearing and the inclusion of all rele....
The court established that the Commissioner has the authority to rectify inadvertent mistakes in tax assessments under Section 264, even after the time limit for revised returns has expired.
The main legal point established in the judgment is that the Commissioner should consider the sufficient cause for the delay in preferring the application under Section 264 of the Income Tax Act, esp....
The court ruled that tax credits must be recognized even if not recorded in the official form, as no limitation period restricts a taxpayer’s right to seek redress for corrective filings.
The main legal point established in the judgment is the need for a liberal approach in condoning delays under Section 264 of the Income Tax Act 1961 to advance substantial justice and the wide powers....
The court established that the powers under Section 264 of the Income Tax Act are broad enough to allow revisions against intimation under Section 143(1), emphasizing the importance of substantial ju....
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