“Section 178(2)”
The decision most relied on for Section 178(2) is Checkmate Services Pvt. Ltd. v. CIT (143 Taxmann.com 178), cited in 1,392 judgments on BharatTax.
Leading authorities on Section 178(2)
Employee contributions to provident fund and ESI deposited by an employer beyond the due dates prescribed under the respective special Acts are not allowable as a deduction under section 36(1)(va) of the Income-tax Act, 1961. Such disallowance can be made during processing under section 143(1).
The Principal Commissioner cannot exercise revisionary powers under Section 263 by merely stating that further enquiry is required or by simply setting aside the assessment order. To revise an assessment, the Principal Commissioner must establish how the assessment order is erroneous and prejudicial to the interest of the revenue.