Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Linde India Ltd. v. PCIT (2024)111 ITR 91 (SN)(Kol)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Revision-Possible-Commissioner giving directions to Assessing Officer without pointing out how view taken by Assessing Officer was wrong-Revision is quashed.[S. 142(1), 143(3)]

Jai Parkash v. PCIT (2024)111 ITR 80 (SN)(Delhi)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Income from other sources-Compensation for acquisition of agricultural land-Interest on compensation-Two views possible-Revision order is quashed. [S.4, 56(2)(vii) 143(3), Land Acquisition Act, 1894,S. 28]

Bhavnaben K. Punjani (Smt (v. PCIT (2024) 206 ITD 30 (Rajkot)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Order in the name of deceased-Invalid assessment could not be revised-Revision order is quashed. [S.50C, 143(3)]

V-con Integrated Solutions P. Ltd. v. PCIT (2024) 112 ITR 118 (Chd) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Limited Scrutiny-The other issues related to revision were duly scrutinised and accepted by the AO by taking into consideration full details filed by the assessee-Revision order is quashed. [S.14A, 36(1(iii), 80JJAA(b)]

SREI Infrastructure Finance Ltd. v. PCIT (2024) 111 ITR 95 (Kol)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue AO conducted a proper inquiry and after proper application of mind-taking permissible view-PCIT was wrong in holding the order of AO erroneous and prejudicial to the interests of revenue. [115JB, 143(3), 144C]

Ahmed Alam Khan v. Dy. CIT (2024) 111 ITR 34 (SN) (Hyd.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Sale of immovable property and purchase or construction of new residential property-Information required under notices, and replies submitted leaving no doubt as to the adequacy of inquiry caused by AO-No substance to conclude assessment order is erroneous-The revision order is not sustainable. [S.54]

ITO v. Avirook Sen (2024)111 ITR 78 (SN)/ 230 TTJ 132/ (Delhi)(Trib)

S. 254(1) : Appellate Tribunal-Powers-Departmental representative is not permitted to set up an altogether a new case.[S. 15, 17(3)(i)]

Luminous Technologies P. Ltd. v. Addl. CIT (2024) 112 ITR 76 (SN) (Delhi)(Trib.)

S. 254(1) : Appellate Tribunal-Powers-Additional evidence-Admitted-Internal TNMM method-Segmental financial statement certified by independent accountant admitted as additional evidence-Additional evidence to be admitted for substantial justice. [S. 40A(2), ITAT Rule 29]

MSK Project (India) LV Ltd. (merged with Madhav Infra Projects Ltd.) v. ACIT (2024) 112 ITR 310 (Ahd)(Trib.)

S. 254(1) : Appellate Tribunal-Powers-Revision of orders prejudicial to revenue-Condonation of delay of 2359 days-CIT directed the AO to pass fresh order following decision of Supreme Court in the case of CIT v. A. Gajapathy Naidu (1964)53 ITR 114(SC)-The AO passed order without following this direction-CIT(A) dismissed the appeal against the order of the AO on the ground that the appeal was not maintainable-Tribunal held that appeal was maintainable and considering facts of the case, condoned delay of 2359 days and restored the matter to the file of the AO. [S. 155(16), 263]

Pramod Infrastructure Pvt. Ltd. v. ITO (Raipur)(Trib) (UR)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Appeal cannot be dismissed on account of non-prosecution-Order is set aside and directed to decide on merits. [S. 246A, 251 (2)]