International transaction benchmarking restricts transfer pricing adjustments to associated-enterprise dealings, while functional comparability govern...
Joint development agreements defer taxable transfer where possession lacks part performance, while completed flats determine consideration and exempti...
Passenger baggage re-export requires true declaration and cannot be granted indirectly through discretionary redemption of undeclared prohibited goods...
The ITAT Jaipur addressed a case involving a revision u/s 263 concerning the addition u/s 68 based on a report from an investigation in Mumbai. The PCIT contended that the AO did not properly examine the issue of bogus LTCG, leading to the need for the LTCG claimed to be added to the assessee's total income. The tribunal emphasized that for u/s 263 to apply, the assessment order must be both erroneous and prejudicial to revenue. Mere loss of revenue due to the AO's decision does not automatically make the order prejudicial. The tribunal found no incorrectness in the AO's actions and concluded that the PCIT's order did not meet the requirements of u/s 263. The tribunal held that a change of opinion by the PCIT is not permissible under the law, ultimately allowing the assessee's appeal.
The ITAT Jaipur addressed a case involving a revision u/s 263 concerning the addition u/s 68 based on a report from an investigation in Mumbai. The PCIT contended that the AO did not properly examine the issue of bogus LTCG, leading to the need for the LTCG claimed to be added to the assessee's total income. The tribunal emphasized that for u/s 263 to apply, the assessment order must be both erroneous and prejudicial to revenue. Mere loss of revenue due to the AO's decision does not automatically make the order prejudicial. The tribunal found no incorrectness in the AO's actions and concluded that the PCIT's order did not meet the requirements of u/s 263. The tribunal held that a change of opinion by the PCIT is not permissible under the law, ultimately allowing the assessee's appeal.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4782
Join Channel
TaxTMI 
