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. 68 : Cash credits –lenders are assessed to tax- Confirmation was filed – Interest was paid ,TDS was deducted – Notice issued u/s 133(6) were acknowledged – Order of Tribunal deletion of addition was affirmed – Court observed that the Assessing officer should have desisted from using the general observation and expression “money Laundering” when it was never the case that there was any allegations of money laundering . [ S. 133(6) ]
PCIT v. Sreeleathers (2022) 448 ITR 332/ 143 taxmann.com 435 ( Cal)( HC) www.itatonline .org
S. 276CC : Offences and prosecutions-Failure to furnish return of income-Assessee must be given opportunity to compound offence. [S. 139, 279, Art, 226]
Nasiruddin v. ITO (2022) 444 ITR 318 (Karn.)(HC) Fatima v. ITO (2022) 444 ITR 318 (Karn.)(HC) Raheesahmed v. ITO (2022) 444 ITR 318 (Karn.)(HC)
S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Mens rea must be proved-Penalty Levied and paid for furnishing incorrect particulars in Income-Tax Return-Prosecution was not valid. [S. 132(4)(a), 277]
K. E. Gnanavel Raja v. ACIT (2022) 444 ITR 562 / 287 Taxman 127 (Mad.)(HC)
S. 269UD : Purchase by Central Government of immoveable properties-Notice must give details which led to inference of undervaluation-Order pf Pre-Emptive purchase not valid-Transferee has a right to challenge order of purchase. [Art, 226]
Zeal Real Estate Ltd. v. UOI (2022) 444 ITR 442 (Bom.)(HC)
S. 269UD : Purchase by Central Government of immoveable properties-Valuation of property should be just and reasonable-Rent capitalisation method-Adequate opportunity to be heard not given-Order of purchase of property-Not valid. [Form No. 37I, Art, 226]
Ashwika Kapur v. UIO (2022) 444 ITR 241 (Cal.)(HC)
S. 264 : Commissioner-Revision of other orders-Limitation-Pursuing appeal mistakenly-Delay in filing revision petition-Period spent in prosecuting appeal excluded-Matter remanded to Commissioner. [S. 246A, 248, Limitation Act, 1963, S. 14, Art, 226]
KLJ Organic Ltd. v. CIT (IT) (2022) 444 ITR 62 / 286 Taxman 282 (Delhi)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Penalty-Concealment-Commissioner setting aside entire Assessment-Assessing Officer acting under such order of remand can initiate penalty proceedings. [S. 143(3), 271 (1)(c), Art, 226]
Mallelil Industries Pvt. Ltd. v. ITO (2022) 444 ITR 80 / 288 Taxman 303 / 213 DTR 387/ 326 CTR 625(Ker.)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Deduction could not be denied on ground companies which used Railway Sidings were group companies-Revision is not valid. [S. 80IA(4)(i)(b)]
PCIT v. Rashmi Metaliks Ltd. (2022) 444 ITR 75/ 215 DTR 260 / 327 CTR 328(Cal.)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue Provision for excise duty liability-Input tax credit in other units effectively amounting to constructive payment in next financial year-Revision is not valid. [S. 43B, 142(1)]
PCIT v. Beekay Steel Industries Ltd. (2022) 444 ITR 71 (Cal.)(HC)