Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Dada Ganpati Gaur Products (P) Ltd. v. PCIT (2021) 207 DTR 105 (Chd.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-DCF Method-Valuation of shares Assessment order was passed considering the point wise reply to the notice u/s 142(1) and 143(2) of the Act-Revision is held to be not valid. [S. 56(2)(viib) R. 11UA(2)(b)]

Seyad Shariat Finance Ltd. v. PCIT (2021) 206 DTR 282 / 91 ITR 4 (SN) / 213 TTJ 897 (Chennai)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Limitation-Issue was not subject matter of assessment u/s 153C–Original order on 28-3-2016-Revision order passed on 9-12-2020-Barred by limitation. [S.80IA, 143(3), 153C]

Noor Resorts Pvt. Ltd. v. PCCIT (2021) 209 TTJ 380 /198 DTR 161 (Chd.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Purchase and sale of properties-Stock in trade-Rental income is assessed as business income-Disallowance of depreciation and vehicle expenses-Revision order was quashed. [S. 28(i), 32, 37(1), 56, 143(3)]

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]