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-Capital gains-Cost of improvement-Cost of acquisition-Paid to shareholders under Family Settlement-Relinquishment of rights-Encumbrance charges as cost of improvement-Revision order is affirmed-Review petition is dismissed. [45, 48, 50A, 55(1))b), Art. 136]

Paville Projects (P.) Ltd. v. CIT (2024) 298 Taxman 746/337 CTR 880 (SC) Editorial : CIT v. Paville Projects (P.) Ltd (2023) 293 Taxman 38/ 453 ITR 447/332 CTR 28/ 224 DTR 185 (SC)

S. 260A : Appeal-High Court-Prosecution-Appeal against acquittal undr code of 1973-High Court has power or jurisdiction to condone delay in filing an application seeking leave to appeal against an acquittal or in entertaining an appeal against acquittal under Code of 1973 [S. 279, Code of Criminal Procedure Code, 1973, 378, Limitation Act, 1963, S. 5, 24, Art. 14, 136, 226]

ITD v. Dattaraj Vassudeva Salgaoncar (2024) 298 Taxman 778 (Bom.)(HC)

S. 260A : Appeal-High Court-Delay of 286 days-Order was passed by Prothonotary & Senior Master, rejecting revenue’s appeal for non-removal of office objections-All notice of motions were dismissed by High Court-SLP of Revenue is dismissed. [Art 136]

PCIT v. Akruti City Ltd. (2024) 298 Taxman 1 (SC) Editorial : CIT v. Akruti City Ltd (2018) 94 taxmann.com 725 (Bom)(HC)

S. 254(2A): Appellate Tribunal-Stay-Political parties-Denial of exemption-Rejection of stay by the Tribunal-Tribunal is justified in rejecting the stay application. [S. 13A(2), 226, Art. 226]

Indian National Congress v. Dy. CIT (2024) 298 Taxman 630 /463 ITR 182/337 CTR 802 (Delhi)(HC)

S. 254(1) : Appellate Tribunal-Duties-Tribunal remanded matter back to Assessing Officer for proper verification and adjudication and decide same as per law-Failure to consider earlier order of Tribunal-Matter remanded to the Tribunal for reconsideration. [S.14A, 260A]

Gujarat State Fertilizers and Chemicals Ltd. v. Dy. CIT (2024) 298 Taxman 488 (Guj.)(HC)

S. 245C : Settlement Commission-Settlement of cases-Failure to make true and full disclosure of income and its sources-Rejection of appllication is affirmed. [S. 132, Art. 226]

R.J. Williams v. ACIT (2024) 298 Taxman 313 (Ker.)(HC)

S. 244A : Refunds-Interest on refunds-Lease rent on the basis of actual production days-Deducted TDS on higher on the basis of anticipating tax liability-Excess TDS paid is directed to be refund with interest.[S. 195, Art. 226, 265]

Tupperware India (P.) Ltd v. CIT (IT) (2024) 298 Taxman 25 / 465 ITR 777 (Delhi)(HC)

S. 244 : Refund-Interest on refunds-Not entitle to interest at the rate of 18 per ccent-Salary paid in arrears or in advance-Refundable amount-Relief under section 89 is to be considered at time of calculating payable amount of tax there is no provision in Act to refund amount of relief granted under section 89 as it is [. S. 89(1), 237, Art. 226]

Gurmit Singh Vilkhu v. PCIT (2024) 298 Taxman 247/466 ITR 56/ 339 CTR 79 (MP)(HC)

S. 243 : Refund-Interest on delayed refunds-Failure to grant interest-Strictures-Interest being paid in view of delay by department and officers did not realize that it was a public money that was used to pay interest and an effort should be made to save this public money-Failure to pay same would be viewed as a wilful disobedience of orders and may lead to contempt proceedings. [Art. 226]

Laqshya Media Ltd. v. Dy. CIT (2024) 298 Taxman 774 (Bom.)(HC)

S. 226 : Collection and recovery-Modes of recovery-Stay of recovery-Re-agitate issue before High Court-Writ petition is dismissed. [S. 226(3), Art. 226]

Arth Rural Connect Services Ltd. v. UOI (2024) 298 Taxman 392 (MP)(HC)