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. 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]
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-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)]
Noor Resorts Pvt. Ltd. v. PCCIT (2021) 209 TTJ 380 /198 DTR 161 (Chd.)(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]
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-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]
Sanjay Majumdar v. PCIT (2021) 210 TTJ 137 / 199 DTR 17 (All.)(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]
Bank of India v JCIT (2021) 210 TTJ 626 (Mum.)(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)]
PI Industries Ltd. v. PCIT (2021) 213 TTJ 686 / 206 DTR 73 (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.
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-Additional income disclosed in the course of survey-Land development expenses-Revision order is held to be not valid. [S. 133A]
Rudra Developers v. PCIT (2021) 213 TTJ 715 (Surat)(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]
Mahabir Prasad Ajirma v. PCIT (2021) 213 TTJ 610 / 206 DTR 361 (Raipur)(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)]
SRL Diagnosties Ltd. v. PCIT (2021) 214 TTJ 929 (Mum.)(Trib.)