Capital Asset Conversion Requires Proven Business Stock Treatment; Paper Consideration in Spousal Flat Transfers Does Not Create Taxable Business Inco...
Human-probability test defeats political donation deduction where banking records mask accommodation-entry fund layering and evidence shows non-genuin...
Commercial property status protects capital-gains exemption when residential-house ownership limits are tested, while agricultural-land character gove...
Investigation deposits refunded after failed customs demands fall outside the statutory appellate pre-deposit interest regime and may attract compensa...
Resolution plan finality extinguishes unquantified operational-creditor claims and pending proceedings unless the approved plan expressly preserves th...
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The CIT(A) has wide powers akin to reassessment. Once an assessment order is before CIT(A), its powers are not restricted to examining only grievances raised by the assessee but extend to the entire assessment to correct the AO. Under sec 250(4), CIT(A) can make further enquiries, fresh assessments and determine tax payability. Even if AO concluded income is non-taxable, CIT(A) can take a different view and bring that income to tax. Relying on Supreme Court decisions, ITAT held that the appellate authority has all original authority's powers, subject to statutory restrictions. Allowing the appeal for statistical purposes, ITAT emphasised the need for thorough and compliant adjudication.
The CIT(A) has wide powers akin to reassessment. Once an assessment order is before CIT(A), its powers are not restricted to examining only grievances raised by the assessee but extend to the entire assessment to correct the AO. Under sec 250(4), CIT(A) can make further enquiries, fresh assessments and determine tax payability. Even if AO concluded income is non-taxable, CIT(A) can take a different view and bring that income to tax. Relying on Supreme Court decisions, ITAT held that the appellate authority has all original authority's powers, subject to statutory restrictions. Allowing the appeal for statistical purposes, ITAT emphasised the need for thorough and compliant adjudication.
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