CIT v. Rakesh Nain Trivedi

80 Taxmann.com 238High Court2017#5629 most cited

What is CIT v. Rakesh Nain Trivedi authority for?

The Commissioner of Income Tax (CIT) can exercise revisionary powers under Section 263 to direct the Assessing Officer (AO) to initiate penalty proceedings if the AO failed to do so while completing an assessment, provided the assessment order is considered erroneous and prejudicial to the revenue's interest.

21

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2017 to 2025.

Also referred to as

CIT v. Rakesh Nain Trivedi · Section 263 · Section 153A · penalty proceedings · assessment order erroneous · prejudicial to interest of revenue · revisionary powers

Also reported as

128 DTR 309

Sections most often in play

Section 143(3)Section 148Section 263Section 271(1)(c)Section 273(b)Section 132Section 139(1)Section 142(1)

Issues it is cited on

section 271(1)(a)satisfaction for initiation of penaltysection 275(1)(c)revision under section 263revision u/s 263section 269ssection 271eassessment order erroneoussection 269sssection 271dsection 269erroneous and prejudicial

Judgments citing CIT v. Rakesh Nain Trivedi

Jai Kumar Kankaria, Kolkata vs. PCIT, Central-1, Kolkata

In the result, the appeal of the assessee is allowed

ITA 881/KOL/2017[2013-14]Status: DisposedITAT Kolkata18 Aug 2017AY 2013-14

Bench: Hon’Ble Shri A.T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 881/Kol/2017 Assessment Year : 2013-14 Jai Kumar Kankaria -Vs- Pr. Commissioner Of Income Tax Central-I, Kolkata [Pan: Akgpk 4751 L] (Appellant) (Respondent)

For Appellant: Shri Soumitra Choudhury, AdvocateFor Respondent: Shri Anand R. Baiwan, CIT
Section 132(4)Section 139(1)Section 143(3)Section 14ASection 263Section 271A

…proper enquiries the action of CIT on this issue cannot be sustained.” 7. We also find that the decision of Hon’ble Punjab & Hariyana High Court clearly supports the case of the assessee rendered in the case of CIT vs. Rakesh Nain Trivedi reported in [2017] 80 Taxmann.com 238 (P & H) dated 29.10.2015 wherein it was held 5 6 Jai Kumar Kankaria A.Yr.2013-14 that initiation of the proceeding u/s 263 of the Act by the CIT was not justified, and that the Tribunal was right in holding that after examining the record of the assessee in exercise of powers u/s 263, where the CIT finds that the AO had not initiated pena…