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Asstt. Commissioner Of Income Tax vs M/S Sarda Energy And Minerals Ltd. 23 ... on 4 July, 2019

The Explanation-2 to section 263 of the Act can be invoked only when no enquiries or verification is carried on otherwise it cannot be invoked. In the given case, the Assessing Officer has carried on the enquiries and verification to his satisfaction which may not be to the satisfaction to the Ld. Pr. CIT. Therefore, assumption of jurisdiction fails. We take force in the decision of the Hon'ble Delhi High Court in CIT v/s Brahma Centre Developments Pvt. Ltd., ITA no.116 of 2021 & ITA no.118 of 2021 (Del.), judgment dated 05.07.2021. Consequently, we set aside the impugned order passed by the learned PCIT by allowing the grounds of appeal raised by the assessee."
Chattisgarh High Court Cites 3 - Cited by 242 - Full Document
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