Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Shree Maruti Nandan Guwar Gum (P) Ltd. v. PCIT (2021) 213 TTJ 65 (UO) (Jodhpur)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Explanation was submitted on various issues during the course of assessment proceedings-Revision order was quashed.

Rudra Developers v. PCIT (2021) 213 TTJ 715 (Surat)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Additional income disclosed in the course of survey-Land development expenses-Revision order is held to be not valid. [S. 133A]

Mahabir Prasad Ajirma v. PCIT (2021) 213 TTJ 610 / 206 DTR 361 (Raipur)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Sources of cash deposits-Verified in the proceedings u/s. 147-Revision was set aside. [S. 68, 147]

SRL Diagnosties Ltd. v. PCIT (2021) 214 TTJ 929 (Mum.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Payment to doctors-Consultation fees-No evidence brought on record to show that the payment was freebies-Expenses on exempt income-Submission was accepted by the Assessing Officer in the course of assessment proceedings-Revision is held to be not valid. [S. 14A, 37(1)]

Shree Balkrishna Commercial Co. Ltd. v. PCIT (2021) 214 TTJ 1057 / 63 CCH 515 / 208 DTR 425 (Delhi)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Trading loss-Rental income-Income from house property-Income from other sources-Specific query was raised during assessment proceedings-Revision was held to be not valid. [S. 22, 24, 28((i), 56]

Ramdev Mandhani (HUF) v. ITO (2021) 214 TTJ 1024 / 208 DTR 438 (Raipur)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Exemption on sale and purchase of agricultural lands-Revision was held to be not valid-Lack of opportunity-Fresh opportunity of passing the order after giving the assessee an opportunity of hearing cannot be given-Order was quashed. [S. 2(14)(iii), 54B]

Ram Bharos Shashi v. ITO (2021) 214 TTJ 9 (UR) / 63 CCH 373 (Jodhpur)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Nature and source of deposits examined during assessment proceedings-Order cannot be held as erroneous-Order is set aside [S. 143 (3)]

Monoj Kumar Biswas v. PCIT (2021) 214 TTJ 340 / 63 CCH 380 / 207 DTR 145 (Kol.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Valuation of flats purchased on the basis of registered valuer-Failure to refer to District valuation Officer-Revision is held to be not valid. [S. 55A, 56(2)(vii)(b), 143 (3)]

Dee Vee Projects Ltd. v. PCIT (2021) 214 TTJ 660 / 207 DTR 452 (Raipur)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Limited scrutiny-Opportunity of being heard-Violation of principle of natural justice-Order was quashed-The prayer of departmental representative to remand the case to the file of the PCIT was rejected. [S. 143(3)]

Davinder Kaur Bains v. PCIT (2021) 214 TTJ 1159 / (2022) 209 DTR 47 (Asr.)(Trib.) Gurbachan Singh Bains v. PCIT (2021) 214 TTJ 1159 / (2022) 209 DTR 47 (Asr.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Surrender of capital gains in revised return-Failure to levy penalty–Explanation 2 to section 263 was not referred-Revision is held to be not valid. [S. 139(5), 143(3), 271(1)(c)]