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    <title>2000 (12) TMI 37 - CALCUTTA High Court</title>
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    <description>The dominant issue was whether the tax authority could invoke revisional jurisdiction under s. 263 of the Income-tax Act, 1961 to revise an assessment allowing deduction for a donation made pursuant to a valid approval under s. 35CCA, on the basis of a later attempted withdrawal of that approval with retrospective effect. The HC held s. 263 applies only where the assessment order is erroneous and prejudicial to the Revenue on the material before the AO at the time of assessment; it cannot be used to reopen concluded assessments on subsequent events or new material, particularly where the approval had already expired when withdrawal was initiated. The s. 263 notice was quashed and the writ allowed.</description>
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    <pubDate>Thu, 14 Dec 2000 00:00:00 +0530</pubDate>
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      <title>2000 (12) TMI 37 - CALCUTTA High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=14058</link>
      <description>The dominant issue was whether the tax authority could invoke revisional jurisdiction under s. 263 of the Income-tax Act, 1961 to revise an assessment allowing deduction for a donation made pursuant to a valid approval under s. 35CCA, on the basis of a later attempted withdrawal of that approval with retrospective effect. The HC held s. 263 applies only where the assessment order is erroneous and prejudicial to the Revenue on the material before the AO at the time of assessment; it cannot be used to reopen concluded assessments on subsequent events or new material, particularly where the approval had already expired when withdrawal was initiated. The s. 263 notice was quashed and the writ allowed.</description>
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      <pubDate>Thu, 14 Dec 2000 00:00:00 +0530</pubDate>
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