Author: ksalegal

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Feelings v. PCIT (2023)107 ITR 405 (Panaji)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Firm-Remuneration to partners-Book profits-interest income not excluded while determining allowable deduction of remuneration to partners-Interest income business income-Deduction admissible-Central Board Of Direct Taxes Circular No. 12 Of 2019, Dated 19-6-2019-Revision is quashed. [S. 40(b)(v)]

Apna Punjab Resorts Ltd. v.PCIT (2023)107 ITR 11 (Trib) (Chd) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Share premium-Discounted cash flow method-Revenue could not compel assessee to choose particular method of valuation-Revision order is quashed. [S. 56(2(viib), 143(3), R.11U, 11UA]

ITO v. Shivajirao R. Chavan (2023)107 ITR 208(Ahd) (Trib)

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Application is filed after five months from period of extension granted and six months after original order-Delay is not condoned.

Arun Kumar Bose v. ITO (2023)107 ITR 263 (Kol) (Trib) Editorial: Order is reversed by High Court Arun Kumar Bosev. ITO (2023) 458 ITR 32 (Cal)(HC)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Sundry creditors-Matter restoring back to Assessing Officer to make further enquiries is affirmed. [S. 246A,250, 251(1)(a)]

Bharti Singh (Smt.) v. Dy. CIT (2023)107 ITR 29 (SN)(Amritsar) (Trib)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Passing order merely stating wrong facts by cut paste from other assessee’s record-Matter remanded to Commissioner (Appeals) for adjudication afresh in accordance with law.[S. 249]

Nisarahmed Abdulsattar Shaikh v. ITO (2023) 107 ITR 233 (Ahd.)(Trib.)

S. 206C : Collection at source-Trading-Alcoholic liquor-Forest produce-Scrap-Limitation-Assessment year 2012-13-Assessing Officer ought to have assessed order under section 206C(6A) on or before 31-3-2016-Order barred by limitation-Penalty-Failure to collect tax at source-Quantum appeal quashed-Penalty cannot be levied. [S. 206C(7),271CA]

Ness Digital Engineering (India) P. Ltd. v.Add. CIT (2023)107 ITR 584 (Mum) (Trib)

S. 154 : Rectification of mistake-Mistake apparent from the record-Corporate social responsibility-Disallowance is not justified-The Assessing Officer is directed to rectify the mistakes under section 154 within three months. [S. 40(a)(ia), 143(1)]

Abhimanu Adventure Resorts P. Ltd. v Dy. CIT (2023)107 ITR 1 / (2024) 227 TTJ 8 (UO) (Chd) (Trib)

S. 154 : Rectification of mistake-Mistake apparent from the record-Agricultural income-Book profit-Refund of claim-Order of Assessing Officer disposing of rectification application recomputing book profits including agricultural Income-Directed to grant the refund. [S.10(1),115JB]

Bhavya Residency P. Ltd. v. Asst. CIT (2023)107 ITR 10 (SN) (Delhi)(Trib.)

S. 153C : Assessment-Income of any other person-Search-Satisfaction note-Incriminating material referred in satisfaction note not connected to assessee-Order is held to be invalid and quashed.

Dy. CIT v. Bajrang Lal Bamalwa (2023)107 ITR 130 (Kol) (Trib)

S. 153A : Assessment-Search-No incriminating material found in search-Alleged bogus long-term capital gains-Amalgamation approved by High Court-No evidence to prove transactions were bogus-Addition is deleted-No search on assessee-No assessment order could have been passed. [S. 10(38) 132, 133A]