Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1984)7ITD649(Mum.)
..... order of the ito under section 132(5) is not erroneous insofar as it is prejudicial to the interests of the revenue.the assessee challenged the show cause notice on the ground that the proceedings under section 263 were without jurisdiction in view of the fact that the approval of the iac had been obtained for passing the order under section 132(5) by the ito and as such his order is virtually an order passed by the iac and since section 263 does not empower the commissioner to revise the order ..... the assessee has preferred this appeal against the order dated 24-9-1980 of the commissioner, passed under section 263 of the income-tax act, 1961 ('the act'), who set aside the assessment made by the ito and thereby directed him to pass a fresh order determining the amount as laid down in clauses (i), (ii), (iia) and (iii) of sub-section (5) of section 132 of the act and to retain the assets seized to the extent that they were sufficient to satisfy the aggregate of the amount ..... pooran mall & sons [1974] 96 itr 390 where their lordships held that an order made in pursuance of a direction given under section 132(12) or by a court in writ proceedings was not subject to the limitations prescribed under section 132(5).similarly, their lordships of the gujarat high court in vasani & co. ..... pooran mall & sons [1974] 96 itr 390. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2006)99TTJ(Kol.)376
..... cit while exercising his jurisdiction under section 263 has power of revising any order of the assessing officer which he considers that an order passed by the assessing officer is erroneous in so far as it is prejudicial to the interest of the revenue. ..... the commissioner in the instant case has set aside the assessment for the years 1974-75 and 1975-76 and directed the income-tax officer to make a fresh assessment in accordance with the law so as to exclude the losses of the cashew department and hessian department (if any) after giving adequate opportunity to the assessee. ..... the commissioner under section 263 of the act, after examining the records and after making an enquiry, is empowered to pass such orders as the circumstances of the case would justify and he may pass an order enhancing the assessment; he can modify the assessment or he may cancel the assessment and direct a fresh assessment. ..... cit the tribunal, in this case, in our opinion, was right in holding that the revisional order, wherein a definite finding is recorded on both the points at issue, having become final on account of the failure of the assessee to pursue the statutory remedies provided in the act against that order, the assessee cannot be allowed to challenge such concluded findings collaterally in an appeal filed against the fresh order passed by the income-tax officer with a view to giving effect to the same. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR481; [1986]61STC107(Kar)
..... revision by the commissioner or the joint commissioner of orders prejudicial to revenue. ..... , that the order should be erroneous and prejudicial to the interests of revenue, are the well-accepted grounds for revising orders of subordinate authorities in taxation measures. ..... on 12th march, 1976, the commissioner of commercial taxes in karnataka, bangalore ('commissioner'), has issued a show cause notice to the petitioner under section 22-a of the act proposing to revise the order of the dc and restore the order of the cto, on the ground that the said order was erroneous and prejudicial to the interests of revenue (exhibit a). ..... , repelled the same in these words : 'sub-section (1) of section 22-a confers the power of revision in the commissioner of calling for and examining the record of any proceeding under the act and to make such order thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment if he considers that any order passed in the said proceeding by any officer subordinate to him is erroneous in so far as it is prejudicial to the interests of the revenue. ..... on 16th january, 1974, the cto accepting the said claim of the petitioner, completed his assessment for the said year. .....
Tag this Judgment!Court : Orissa
Reported in : 67(1989)CLT49; [1988]70STC333(Orissa)
..... according to this rule, the commissioner has a general power of revision of all orders passed by the sales tax officer, assistant commissioner, additional commissioner and special additional commissioner under any of the provisions of the act, if he considers that any such order was passed erroneously prejudicial to the interest of the revenue. ..... , with the prior approval of the state government do hereby delegate the powers exercisable by the commissioner of sales tax under clause (a) of sub-section (4) of section 23 of the said act and rule 79 of the orissa sales tax rules, 1947 to the special additional commissioner of sales tax and direct that the powers and duties under the said provisions shall be exercised and discharged by him.from the aforesaid provisions it appears that the special additional commissioner was appointed ..... passed orders on the refund applications and made adjustments against outstanding sales tax demand payable by the appellant for the assessment years 1973-74, 1974-75 and 1975-76.3. ..... on 2nd july, 1974 the additional sales tax tribunal in second appeal directed refund of tax for the year 1967-68. ..... the appellant claimed refund of the excess tax for the year 1967-68 on 30th december, 1974. ..... on 30th december, 1974 the appellant filed a refund application. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1980)18CTR(P& H)84; [1983]139ITR182(P& H)
..... however, in a given case, if the commissioner clearly notices the material from which it can reasonably be inferred that the order of the ito was prejudicial to the interests of the revenue but fails to record an express finding, then it could not be said that there was no material on the record to justify the initiation of proceedings under section 263(1 of the act.6. ..... commissioner of income-tax merely because he had failed to record an express find-ing that the order of the income-tax officer, admittedly erroneous, was prejudicial to the interests of the revenue '2. ..... in this view of the matter, we hold that the income-tax officer's order is not shown to be prejudicial to the interests of the revenue.'7. ..... while it was not able to satisfy the ito by producing cogent evidence, the assessee filed a revised return on march 29, 1972, showing an income of rs. ..... the tribunal, by order dated september 19, 1974, allowed the appeal and set aside the order of the learned additional commissioner, on the ground that it was not found thatthe assessment order was prejudicial to the interests of the revenue. ..... it will be useful to reproduce the exact words of the tribunal in this regard :' we agree that the income-tax officer's order of assessment was erroneous by reason of the aforesaid omission, but it was necessary for the learned additional commissioner of income-tax to give a finding that the assessment order was prejudicial to the interests of the revenue. .....
Tag this Judgment!Court : Kolkata
Reported in : (1993)113CTR(Cal)429,[1994]207ITR1030(Cal)
..... bearing this principle in mind and considering the facts of the case, we have no hesitation in holding that the order of the income-tax officer was erroneous and prejudicial to the interests of the revenue and as such the commissioner of income-tax was justified in invoking the provisions of section 263 of the act in this case. ..... whether, on the facts and in the circumstances of the case, and on a correct interpretation of sections 80, 139, 148 and other applicable provisions of the income-tax act, 1961, the income-tax appellate tribunal was justified in law in upholding the order passed by the commissioner of income-tax under section 263 of the act in respect of the assessment year 1977-78 ? 2. ..... 7,25,607 determined in respect of the assessment year 1974-75 against the speculation profits for the assessment year 1977-78 was erroneous and prejudicial to the interests of the revenue within the meaning of section 263 of the act ?' 2. ..... the question whether or not the set-off of the speculation loss determined in respect of the assessment year 1974-75 should be carried forward and set-off against the speculation profit available in the assessment year 1977-78 would depend on the answer to the first question. ..... he, therefore, rejected the assessee's contention, revised the assessment and directed the income-tax officer to withdraw the benefit of carry forward loss of rs. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1983)34CTR(AP)109
..... or make any other order which is to the detriment of the assessee. ..... words, that is affected by that order in other words, what is the true scope and extent of the words 'after giving the assessee an opportunity of being heard' occurring in section 33b section 33b has been added along with section 33a by the income tax and business profits tax (amendment) act, 1948 conferring a general revisional power on the commissioner to revise any order passed by the income-tax officer, if he considers it to be erronbeous in so far as it is prejudicial to the interests of the revenue, and to cancel an assessment order or directing a fresh assessment to be made ..... 14-2-1974 calling upon the assessee to show-cause as to why the order dt. ..... 14-2-1974 was issued by him only to the assessee madanmohan rao and not to either his wife or adopted daughter. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1986]61STC287(MP)
..... the jurisdiction of the revising authority under section 39(2) is confined to the legality and propriety of the order passed by the appellate and/or the assessing authority if he considers it to be erroneous in so far as it is prejudicial to the interest of the revenue. ..... in order to appreciate the rival contentions, it is necessary to quote the relevant extract of the remand order, which is as follows :this order is considered to be erroneous and prejudicial to the revenue and is sought to be revised under section 39(2) of the act on the following grounds :that allowing an exemption of rs. ..... reassessment is attributable to the dealer, direct that the dealer shall pay, by way of penalty in addition to the amount of tax so assessed, a sum not exceeding that amount :provided that in the case of an assessment made under any act repealed by section 52, the period for reassessment on the ground of under-assessment, escapement or wrong deduction shall be as provided in such act notwithstanding the repeal thereof:provided further that any reassessment proceedings pending on the date of commencement of the madhya ..... 2 and consequently the original assessment having been completed in 1974, he had no jurisdiction to reassess the petitioner on the ground of escaped assessment. ..... in the present case the original order of assessment was passed on 10th april, 1974. ..... ill, indore, on 10th april, 1974, as per annexure 6.3. .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)51CTR(Guj)309; [1987]164ITR107(Guj)
..... that date under the act, is in excess of the aggregate value of all the debts owed by the assessee on the valuation date other than debts exempted by section 6, debts which are in the nature of encumbrances on any property which is not chargeable under the act or the amount of tax, penalty or interest payable pursuant to an order passed under the act or any other law ..... of several decisions of this court as well as the supreme court that if an assessee does not choose to appeal, the order of assessment becomes final, subject to any power of revision which the commissioner may have under section 33b but once an appeal is preferred by the assessee, the assessment is opened up and the appellate assistant commissioner can ..... -section (3) of section 46 provides that the power to make rules conferred by this section shall include the power to give retrospective effect, from a date not earlier than the date of commencement of the act, to the rules or any of them and, unless the contrary is permitted (whether expressly or by necessary implication), no retrospective effect shall be given to any rule so as to prejudicially affect the ..... . by adopting and offering the straitjacket formula engrafted in rule 1bb, the revenue has tried to cover a large number of cases which could be disposed of in accordance therewith if the intention of ..... -section (3) of section 46 in its present form came to be substituted by the direct taxes (amendment) act, 1974, with effect from august 18, .....
Tag this Judgment!Court : Chennai
Reported in : [1986]17ITD229(Mad)
..... have raised several grounds to the effect that the orders passed by the wto were not erroneous and prejudicial to the interests of the revenue to warrant revision under section 25(2) and the value of the remaindermen could be equated to the total value of the property excluding the life interest of the life tenants and the revision order indirectly extended the time limit for completion of the ..... of the departmental valuation of the interest of the remaindermen, the commissioner considered that the orders passed by the wto were erroneous and prejudicial to the interest of the revenue in terms of section 25(2). ..... the aforesaid decisions, we hold that the commissioner was not justified in exercising his jurisdiction under section 25(2) and, consequently, setting aside the assessments holding that they were erroneous insofar as they were prejudicial to the interests of the revenue. ..... member -these appeals by the two separate remaindermen of the property at jail road, coimbatore are consolidated and disposed of by a common order for the sake of convenience as the issue involved is similar and arises from similar orders passed by the commissioner under section 25(2) of the wealth-tax act, 1957 (the act).2. ..... [1974] 33 stc 147, that the valuation report of the dvo obtained after the assessments were completed by the wto did not form part of the records on which the wtos order was passed and, consequently, the commissioner had no jurisdiction to revise the assessments under section 25(2).7 .....
Tag this Judgment!