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-Cash credits-Share capital-Share premium-Facts examined by Assessing Officer-Not a case of no enquiry or lack of enquiry 1Order is neither erroneous nor prejudicial to interests of revenue-Revision order is set aside-Revision jurisdiction cannot be exercised on same issue for second time. [S. 68, 133(6), 143(3)]
Anjaniputra Nirman P. Ltd. v. PCIT (2024)109 ITR 4 (SN) (Kol)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Specific notice-Failure to file required information-Share premium-Cash deposit-Demonetisation-bad debt-Revision is justified. [S.36(1)(vii), (36(2), 56(2)(vii), 143(3)]
Varam Capital P. Ltd. v. PCIT (2024)109 ITR 547 (Chennai) (Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Order was not available on portal Delay is condoned-Cash deposited in bank accounts-Assessing Officer is directed to verify source of cash available with for deposits, if Assessing Officer is satisfied with explanation no additions were to be made-Directed to decide in accordance with law.[S. 143(3), 254(1)]
Sahebganj No. 1 Anchalik Samabay Krishi Unnayan Samity Ltd. v ITO (2024)109 ITR 445 (Kol)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Failure to verify certificate of no deduction of tax at source or verify details-Late deposit of Employees’ contribution to Provident Fund and employees’ State Insurance-Revision is justified.[S. 36((1))(va), 43B, 197]
Sandeep Jagdishchandra Dave v. PCIT (2024)109 ITR 77 (SN)(Ahd) (Trib)
S. 254(1) : Appellate Tribunal-Powers-Additional ground-Question of law-Not raised before lower Authorities-Matter remanded to Assessing Officer for verification and decision in accordance with law.
Dy. CIT v. Reliance Industries Ltd. (2024)109 ITR 180 (Mum)(Trib)
S. 253 : Appellate Tribunal-Appeals-Monetary limits-CBDT instructions and Circulars-Any sum received from employees-Tax effect is Rs 46, 91, 541-Appeal of Revenue is dismissed. [S.2(24)(x), 36(1)(va),43B, 119, 268A]
Dy. CIT v. A. P. Knit Fab (2024) 109 ITR 492 (Chd)(Trib)
S. 251 : Appeal-Commissioner (Appeals)-Powers-Assessment made without issuing the notice-No power to set aside assessment and direct Assessing Officer to reframe assessment order-Assessment order and order of CIT(A) is quashed. [S. 143(2)]
Vishnu Packing P. Ltd. v. Asst. CIT (2024) 109 ITR 453 (Trib) (Delhi)(Trib)
S. 250 : Appeal-Commissioner (Appeals)-Procedure-Penalty 1Appeal dismissed ex-parte-Matter remanded to the file of CIT(A) to grant one more opportunity of hearing and decide on merits. [S. 270A]
Green Bio Tech v. ITO (2024)109 ITR 93 (SN)/)/ 159 taxmann.com 1573 (Hyd.)(Trib.)
S. 250 : Appeal-Commissioner (Appeals)-Dismissal of appeal-1Remedy under Vivad Se Vishwas Scheme sought against other orders-Appeal restored to Commissioner (Appeals) for disposal of appeal on merits-Appeals not served on registered address-Delay in filing of appeal is condoned. [S. 92CA, 254(1)]
Refop India Co. v. Asst. (2024)109 ITR 95 (SN.) (Delhi)(Trib)
S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex-parte order-Order is set aside-Appellate Tribunal-Delay of 2 days-Delay in filing the appeal is condoned. [S. 68, 254(1)]
Shiv Edibles Ltd. v. Asst. CIT (2024)109 ITR 612 (Jaipur)(Trib)