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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.MURALIDHAR, MURAHARI SRI RAMAN
Commissioner of Income Tax (Exemption), Hyderabad – Appellant
Versus
Dhaneswar Rath Institute of Engineering & Medical Sciences – Respondent
| Table of Content |
|---|
| 1. factual background of charitable trust's tax assessment. (Para 1 , 2) |
| 2. arguments concerning inadequacy of time and jurisdiction. (Para 3 , 4) |
| 3. contentions regarding assessments and the duty of examination. (Para 5) |
| 4. emphasis on consistency in tax treatment and prior claims. (Para 6) |
| 5. interpretation of statutory provisions and prior case law. (Para 9) |
| 6. final conclusion dismissing the appeal. (Para 10) |
JUDGMENT :
1. Assailing Order dated 17.05.2022 passed in ITA No.134/CTK/2021 by the Income Tax Appellate Tribunal, Cuttack Bench, Cuttack, directed against the Order dated 31.03.2021 of Commissioner of Income Tax (Exemption), Hyderabad under Section 263 of the Income Tax Act, 1961 pertaining to Assessment Year 2016-17, the Appellant has raised the following questions:
ii) Whether on the facts and in the circumstances of the case and in law is the order of the Hon’ble ITAT not perverse in holding that the Assessing Officer has made sufficient enquiry during the course of assessment proceedings under Section 143 (3) when the assessee has failed to submit the details in respect of the claim of depreciation for Rs.4,77,03,665/-?
iv) Whether, on the facts and in the c
Under Section 263 of the Income Tax Act, a revisional authority must establish both error and prejudice, and cannot act without due compliance with principles of natural justice.
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 court affirmed that for invoking Section 263 of the Income Tax Act, both conditions of an erroneous order and prejudice to revenue must be satisfied, which were not in this case.
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 ....
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