Allocation of enhanced FSI/TDR proceeds between cooperative society and individual flat-owners; tribunal deletes society LTCG addition, remits 80P ver...
Electronic Postal Bill of Export templates mandating specified data fields for postal export declarations; system-generated Let Export Order on public...
An assessee-trust denied exemption under s.11 sought revision under s.264 against an order appealable under s.246A. The revisional authority could not refuse to exercise jurisdiction merely because an appellate remedy existed, since the statute does not mandate exhaustion of appeal where no appeal is filed; accordingly, rejection on that ground was unsustainable. Further, s.264 powers are wide and intended to prevent miscarriage of justice, enabling relief even where the assessee's own mistake in the return caused omission of a legitimate claim; Goetze (India) Ltd. was held inapplicable. The impugned order rejecting the s.264 application for AY 2016-17 was quashed and set aside. - HC
An assessee-trust denied exemption under s.11 sought revision under s.264 against an order appealable under s.246A. The revisional authority could not refuse to exercise jurisdiction merely because an appellate remedy existed, since the statute does not mandate exhaustion of appeal where no appeal is filed; accordingly, rejection on that ground was unsustainable. Further, s.264 powers are wide and intended to prevent miscarriage of justice, enabling relief even where the assessee's own mistake in the return caused omission of a legitimate claim; Goetze (India) Ltd. was held inapplicable. The impugned order rejecting the s.264 application for AY 2016-17 was quashed and set aside. - HC
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
