Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Revision under section 263 was challenged on grounds that the assessing officer erred by accepting a registered valuer's report without referral to the Departmental Valuation Officer; the Tribunal found the AO had applied his mind, examined and verified valuation and adopted a tenable view, so the Pr. CIT's contrary opinion amounted to a post-view. Applying the twin-condition test, the Tribunal held lack of referral or disagreement with the valuer did not establish the assessment was erroneous in law, and therefore the requirements for revision were not satisfied; Pr. CIT's revision order was set aside and the assessment upheld.
Revision under section 263 was challenged on grounds that the assessing officer erred by accepting a registered valuer's report without referral to the Departmental Valuation Officer; the Tribunal found the AO had applied his mind, examined and verified valuation and adopted a tenable view, so the Pr. CIT's contrary opinion amounted to a post-view. Applying the twin-condition test, the Tribunal held lack of referral or disagreement with the valuer did not establish the assessment was erroneous in law, and therefore the requirements for revision were not satisfied; Pr. CIT's revision order was set aside and the assessment upheld.
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