Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Shanmuga Sundaram Govindaraj v. ACIT (2022) 196 ITD 576 / 218 TTJ 988 / 216 DTR 329 (Chennai)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Consideration as per sale deed and whether tolerance limit of 10 per cent for difference between sale consideration as per sale deed and SDV is to be considered or not are debatable issues-Revision is bad in law. [S. 56(2)(vii)(b)]

Pawan Kumar v. ITO (2022) 196 ITD 378 / 220 TTJ 86 / 219 DTR 267 (Chd.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash deposit in the Bank-Un explained money-AIR information flagged-Non-filer of returns-Revisionary powers could not be permitted to be exercised on suspicions and inferences-Revision order was quashed. [S. 44AD, 69A]

Tata Medical Centre Trust v. CIT(E) (2022) 196 ITD 302 / (2023) 222 TTJ 249 (Kol.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Document Identification No. (DIN)-Revision order passed manually without Document Identification No. (DIN) in its body-Held to be invalid and deemed to have never been issued.

Infinity Infotech Parks Ltd. v. PCIT (2022) 196 ITD 316 (Kol.) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Carry forward and set-off of business losses-Set-off of brought forward losses against short term capital gains-Leasing business-As per section 72(1)(i) assessee is entitled to set-off brought forward business loss against income which has attributes of business income even though same is assessable to tax under head other than profits and gains from business-Revision order is not valid. [S. 72]

Gujarat State Lion Conservation Society v. CIT (2022) 196 ITD 172 (Rajkot)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Government grants-Accumulation of income-Doctrine of consistency-Accumulation of 15%-Revision is not valid. [S. 11(1)(a), 12]

Shrigopal Rameshkumar Sales (P.) Ltd. v. ACIT (2022) 196 ITD 107 (Nagpur)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Search-Un explained expenditure-Cash paid to labour charges-No explanation was furnished-Revision is held to be valid. [S. 69C, 132, 153A]

Nuziveedu Seeds Ltd. v. DCIT (2022) 196 ITD 53 / 219 TTJ 1 (Hyd.)(Trib.)

S. 254(1) : Appellate Tribunal-Powers-Additional grounds-Farming genetically modified seeds in lands leased from farmers-Additional evidence filed by Revenue based on Search proceedings-Matter remanded. [S. 2(IA), 10(1), 132, 153A, ITAT R. 29]

Samira Habitats India Ltd. v. DCIT (2022) 196 ITD 561 (Mum.) (Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex-parte order-Matter was remanded to Commissioner (Appeals) for fresh adjudication. [S. 144, 153C, 251]

Goldstone Trading Company (P.) Ltd. v. ACIT (2022) 196 ITD 556 (Mum.)(Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex-parte order-Adjournment request was filed-Matter was to be remanded to Commissioner (Appeals) for adjudication de novo. [S. 251]

Marvel Industries Ltd. v. DCIT (2022) 196 ITD 229 / 218 TTJ 806/ 216 DTR 249 (Mum.)(Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex-parte order-Even while passing the ex-parte order the CIT(A) has to deal with merits in respect of all issues raised in the grounds of appeal. [S. 144, 251]