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1 - 5 of 5 (0.18 seconds)Section 156 in The Income Tax Act, 1961 [Entire Act]
The Income Tax Act, 1961
Commissioner Of Income Tax vs Gabrial India Ltd. on 10 February, 2005
4.6. On the issue of what orders can be termed as erroneous and
prejudicial to the interest of Revenue, we would like to refer to the
decision of Hon'ble Bombay High Court in the case of CIT vs. Gabrial
India Ltd (1993) 203 ITR 108 (Bom) where the Hon'ble Bombay High
Court has held as under:-
Cit vs Max India Ltd. on 1 November, 2007
4.7. We also find that Hon'ble Apex Court in the case of CIT vs. Max
India Ltd. 295 ITR 282 (SC) had held that where two views are possible
and ITO has taken one view which ld. CIT does not agree the order of
A.O cannot be treated as erroneous order prejudicial to the interest of
Revenue unless the view taken by the A.O is unsustainable in law.
4.8 Before us, Revenue has not brought any material on record to
demonstrate that the view taken by the A.O was an impermissible view,
or was contrary to law or was upon wrong application of legal principles
which required initiating the exercising of revisionary powers u/s. 263 of
ITA No.1461/Ahd/2015
A. Menarini India Pvt.Ltd. vs. The Pr.CIT
Asst.Year - 2010-11
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