Author: ksalegal

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Rashriya Chemicals & Fertilizer Limited v. CIT ( 2018) 91 taxmann.com 104 (Mum)(Trib) , www.itatonline.org

S. 263: Commissioner – Revision of orders prejudicial to revenue – Even if there is lack of inquiry by the AO and the assessment order is “erroneous” under Explanation 2 to s. 263, the order is not “prejudicial to the interests of the Revenue” [ S. 2(43),40(a)(v)115JB]

Prayag Tendu Leaves Processing Co. v. CIT (2018) 400 ITR 120 / 252 Taxman 306 (Jharkand) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Source of capital contribution was explained – Source of the source cannot be gone in to – Revision was held to be bad in law [ S. 68 ]

PCIT v. Atlantis Multiplex P. Ltd. (2018) 400 ITR 458 (All) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue -Income from letting out shops – Income from house property or business income – Two views possible – Revision was held to be not valid

Virbhadra Singh (HUF) v. CIT (2018) 400 ITR 530 (HP) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue -Enhancement of agricultural income -Failure to make proper enquiry by the AO in the course of assessment proceedings , revision was held to be valid – Tribunal was justified in admitting the additional evidence which was filed by the revenue [ S. 254(1) ]

Sunil Kumar Rastogi v. CIT (2018) 406 ITR 306/252 Taxman 293 (All)(HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue –Gift- Conclusion drawn by Assessing Officer was consistent with information provided by donors therefore revision was held to be not valid .[ S. 68 ]

Laxmi Narayan v. CIT (2018) 402 ITR 117/( 2019) 306 CTR 361 (Raj) (HC) Shravan lal Meena L/H of Late Bhagwanta Meena v.ITO (2018) 402 ITR 117/( 2019) 306 CTR 361 (Raj) (HC) Mahadev Balaji v .ITO (2018) 402 ITR 117/( 2019) 306 CTR 361 (Raj) (HC)

S. 263 : Commissioner – Revision of orders prejudicial to revenue –Mere change of opinion revision was held to be not valid. [ S. 54B ]

Prayag Tendu Leaves Processing Co. v. CIT (2018) 400 ITR 120/ 252 Taxman 306 (Jharkand) (HC)

S. 260A : Appeal – High Court -Ex parte order can be recalled if sufficient cause shown [ S. 260A(7), 263, 68 , Code Of Civil Procedure, 1908, O.XLI , r. 21. ]

PCIT v. JWC Logistics Park Pvt. Ltd.( 2018) 404 ITR 310 (Bom)(HC) , www.itatonline.org

S. 260A : Appeal – High Court – Strictures passed against Dept’s Advocate for “most unreasonable attitude” of seeking to reargue settled concluded issues and not following the judicial discipline and law of precedents – Infrastructure facility – – Container freight station ( CFS) is eligible deduction as an infrastructure facility [ S.80IA ]

CIT v. Goodwill Theatres P. Ltd. (2018) 400 ITR 566 (SC) Editorial : Order in CIT v. Goodwill Theatres Pvt. Ltd. (2016) 386 ITR 294 / 241 Taxman 352 (Bom.)(HC) was set aside/On remand , the appeal of the Revenue is dismissed due to low tax effect following the Circular No. 17 of 2019 dt. 8th August , 2019 . (ITA No. 2356 of 2013 dt 19 -8 2022 )

S.260A: Appeal -High Court- Mesne profit – Capital or revenue -Dismissal of the appeal on the ground that the department has not filed an appeal against the Judgement of special Bench was held to be not justified – High Court was directed to hear the appeal on merits [ S.4 ]

ITO (E) v. Chandigarh Lawn Tennis Association ( 2018) 193 TTJ 256// 163 DTR 113/ 66 ITR 14( SN) (Chd.)(Trib) , www.itatonline.org

S. 254(2A) : Appellate Tribunal – Interim stay-Contempt- Strictures passed against the Department for confronting, showing resentment and displeasure to the Tribunal for granting interim stay against recovery of demand. Petition of revenue was dismissed with costs of Rs. 20,000/- to be deposited in Prime Minister’s Relief fund within 15 days of receipt of the copy of this order. [ S. 11 ]