TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tribunal overturns tax order due to jurisdictional errors, remands for fresh assessment.</h1> <h3>Ashfhaque Quamar Versus The Pr. Commissioner of Income Tax, Raipur-1 (CG)</h3> Ashfhaque Quamar Versus The Pr. Commissioner of Income Tax, Raipur-1 (CG) - TMI Issues:1. Validity of proceedings initiated under Section 263 of the Income-tax Act, 1961 based on audit objection.2. Failure of the Principal Commissioner of Income-tax to consider the appellant's reply before setting aside proceedings.3. Setting aside the assessment order and remanding it back to the Assessing Officer for fresh adjudication.4. Allegations of arbitrariness and illegality in the impugned order.5. Assessment of income for the year 2015-16 based on cash transactions and contract receipts.Analysis:1. The appeal challenged the order passed by the Principal Commissioner of Income Tax under Section 263 of the Income-tax Act, 1961, based on the initiation of proceedings due to audit objections. The appellant contended that the initiation of proceedings was illegal and lacked jurisdiction. The Tribunal examined the grounds of appeal and found that the Assessing Officer reopened the case under Section 147 of the Act due to unfiled income tax return despite cash transactions and contract receipts. The appellant declared an income of Rs. 5,77,934 for the assessment year 2015-16.2. The appellant further argued that the Principal Commissioner of Income-tax erred in not considering the appellant's reply filed online before setting aside the proceedings. The Tribunal noted the failure to consider the appellant's response and evaluated the impact of this omission on the validity of the proceedings.3. The issue of setting aside the assessment order and remanding it back to the Assessing Officer for fresh adjudication was also raised. The Tribunal reviewed the actions of the Principal Commissioner of Income-tax in this regard and assessed whether the decision to remand the assessment order was justified based on the facts and circumstances of the case.4. Allegations of arbitrariness and illegality in the impugned order were addressed by the Tribunal. The appellant claimed that the impugned order was arbitrary and bad in law. The Tribunal analyzed the grounds for these allegations and determined the validity of such claims in the context of the legal provisions and precedents.5. The core issue revolved around the assessment of income for the year 2015-16 based on cash transactions and contract receipts. The Tribunal examined the details of the cash transactions and contract receipts provided by the appellant, along with the Assessing Officer's findings. The Tribunal assessed whether the Assessing Officer had conducted thorough verifications and whether the order passed under Section 147 r.w.s. 143(3) of the Act was erroneous or prejudicial to the revenue's interest.In conclusion, the Tribunal allowed the appeal, setting aside the order passed by the Principal Commissioner of Income-tax under Section 263 of the Act and restoring the order of the Assessing Officer passed under Section 147 r.w.s. 143(3) of the Act for the assessment year 2015-16.
TaxTMI 
TaxTMI 
