This article reviews the complex tax dispute involving Dipankar Mohan Ghosh for the assessment year 2012-13, where significant legal issues regarding income tax assessments and revisions under section 263 of the Income Tax Act were raised.
Dipankar Mohan Ghosh, represented by his legal heir Mrs. Sagarika Ghosh, challenged two revision orders issued by the Principal Commissioner of Income Tax concerning the assessment of capital gains and the entitlement to tax refunds. The case raises important questions about the application of the law and procedural fairness in tax assessments and revisions.
The Income Tax Appell He claimed the first revision order was unsigned and not legally binding. The Tribunal examined these claims in light of legislative provisions and precedents, ultimately finding the revisions unauthorized due to prior adjudications by the CIT(A), making the appeal allowable.
This case underscores the protections available to taxpayers against procedural errors in tax revisions. It highlights the importance of ensuring proper legal processes are followed in the tax assessment and revision stages. The tribunal’s decision reaffirms the necessity for tax authorities to adhere strictly to the legal requirements when altering any previously determined assessments.
Order pronounced in the open court on June 28, 2023.
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