This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 271(1)(c) : Penalty-Concealment-Neither assessment order nor penalty notice specifying the charge-Revised return was filed before issue of notice u/s. 142(1) and 143(2) of the Act-Claiming only statutory deduction-Levy of penalty was held to be not valid. [S. 11(2), 12A, 142(1), 143(2), 274]

Jamnalal Bajaj Foundation v. Dy. CIT(E) (2021) 90 ITR 87 (SN) (Delhi)(Trib.)

S. 271(1)(c) : Penalty-Concealment-Neither assessment order nor penalty notice specifying the charge-Revised return was filed before issue of notice u/s. 142(1) and 143(2) of the Act-Claiming only statutory deduction-Levy of penalty was held to be not valid. [S. 11(2), 12A, 142(1), 143(2), 274]

Jamnalal Bajaj Foundation v. Dy. CIT(E) (2021) 90 ITR 87 (SN) (Delhi)(Trib.)

S. 271(1)(c) : Penalty-Concealment-Set off of unabsorbed depreciation and business losses-Making full disclosure-Penalty not sustainable. [S. 115JB]

ASIT C. Mehta Investment Intermediates P. Ltd. v. Dy. CIT (2021) 90 ITR 7 (SN) (Mum.)(Trib.)

S. 271(1)(c) : Penalty-Concealment-Disallowance of expenditure of annual exchange service charges-Levy of penalty is held to be not warranted. [S. 37(1)]

Aanya Real Estate Pvt. Ltd. v. Dy. CIT (2021) 90 ITR 5 (SN) (Mum.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Share capital and share premium-Identity and creditworthiness established-Revision order is held to be not sustainable. [S. 68]

Lovely International Pvt. Ltd. v. ACIT (2021)90 ITR 52 (SN) (Kol.) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Interest on borrowed capital-Order was passed after due verification-Sale of land-Variation with in tolerance limit of 15 per Cent-Revision order was quashed. [S. 36(1(iii), 50(C), 143(3)]

Ashokkumar Govindbhai v. ITO (2021) 90 ITR 262 (Ahd.)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Order of Supreme Court extending limitation for purposes of all laws-Miscellaneous application filed on 28-9-2020 was admitted as filed within extended due date-Glaring and patent mistakes-Tribunal order was recalled and matter was directed to be heard afresh.

Shiv Edibles Ltd. v. ACIT (2021) 90 ITR 669 (Jaipur)(Trib.)

S. 194C : Deduction at source-Contractors-Advertisement-Liable to deduction u/s. 194C and not u/s. 194J-Lease rent-Failure to deduct tax at source on rent-Matter remanded. [S. 194J, 201(1), 201(IA)]

Perfect Probuild P. Ltd. v. Dy.CIT (2021) 90 ITR 25 (SN) (Delhi) (Trib.)

S. 154 : Rectification of mistake-Excess deduction-Merits of issue could not be adjudicated in rectification proceedings-Deduction allowed while giving effect to the order of Tribunal-Withdrawal of deduction granted earlier on the basis of judgement of Supreme Court decision-Debatable-Order of Rectification is held to be nor valid. [S. 14A, 36(1)(vii), 147]

Union Bank of India v. Dy.CIT (LTU) (2021) 90 ITR 55 (SN) (Mum.)(Trib.)

S. 154 : Rectification of mistake-Accumulation of 15% of gross receipts-Assessing Officer issuing intimation considering net revenue-Mistake apparent on record-Ought to have rectified. [S. 11(1)(a), 143(1)]

Bellary Educational Services Trust v. Dy. CIT(E) (2021) 90 ITR 94 (SN) (Bang.)(Trib.)