Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Cargo Service Centre India (P.) Ltd. v. DCIT (2021) 208 DTR 81 / (2022) 192 ITD 392 / 215 TTJ 193 (Mum.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Loss returned was accepted in scrutiny assessment-Revision order of rectification is held to be not valid-Quantification cannot be disturbed in revision proceedings. [S. 72, 143(3), 154]

Sanjay Majumdar v. PCIT (2021) 210 TTJ 137 / 199 DTR 17 (All.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cost of improvement-Freehold conversion charges stamp duty, etc-Revision was held to be not valid-Indexation erroneously taken at 852 instead of 785-Revision is held to be valid. [S. 45, 48]

Bank of India v JCIT (2021) 210 TTJ 626 (Mum.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Merger-Nationalised bank-CIT(A) has held that S. 115JB is not applicable to assessee-Revision is not valid-Deduction of bad debts-Order was passed after considering detailed submissions-Revision is not valid-Assessment made without reference to TPO-Revision order is valid. [S. 36(1)(vii), 36(1)(viia), 92CA, 115JB, 144C]

PI Industries Ltd. v. PCIT (2021) 213 TTJ 686 / 206 DTR 73 (Jodhpur)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Detailed questionnaire was issued by the Assessing Officer-Order cannot be said to be erroneous. [S. 143(3)]

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]