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-Short term capital gain-Settlement Commission-Issue considered by the Settlement Commission-Revision order will be without jurisdiction. [S. 45, 245C(1), 245D(4), 245I]
Gunjan Garg v. JCIT (2021) 187 ITD 467 (Delhi)(Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Order of Transfer pricing Officer-Part of assessment record-Can be revised. [S. 92CA]
Agro Tech Foods Ltd. v. DCIT (2021) 187 ITD 763 / 211 TTJ 715/ 201 DTR 297 (Hyd.)(Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Order of Assessing Officer was in consonance with the view taken by the Tribunal, revision order was quashed. [S. 2(14), 2(29A)(2)(47), 251]
Peerless General Finance & Investment Company Ltd. v. DCIT (2021) 87 ITR 281 / 211 TTJ 823 / 203 DTR 103 (Kol.)(Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-remuneration to working partners-as per partnership deed, remuneration is paid as per the provisions of s. 40(b)(v) and taxed at 30% in the hands of individual partner, same as the assessee firm-Assessment order framed is not erroneous and there is no prejudice to the interest of revenue. [S. 40(b)(v)]
Altmash Exports v. PCIT (2021) 87 ITR 22 (SN) (Delhi)(Trib.)
S. 254(2A) : Appellate Tribunal-Stay-Paid more than 51 percent of disputed tax-Stay granted. [S. 201(1), 254(1)]
Goldman Sachs Services Pvt. Ltd. v. DCIT (2021) 187 ITD 488 (Bang.)(Trib.)
S. 254(1) : Appellate Tribunal-Powers-Delay in filing an appeal before CIT (A)-Wrong advice-Delay of more than 1213 days was condoned-Remanded to the office of CIT (A) to decide on merit. [S. 234E, 250]
Solaron Sustainability Services Pvt. Ltd. v. ACIT (CPC) TDS (2021) 87 ITR 28 (SN) (Bang.)(Trib.)
S. 251 : Powers of Commissioner (Appeals)-Powers of enhancement-Commissioner has no power of enhancement, in respect of Matter which do not arise from the order of assessment, or are out of the proceedings before the AO. [S. 36(1)(iii)]
Trimurti Buildcon Pvt. Ltd. v. ITO (2021) 87 ITR 505 / 211 TTJ 249/(2022) 209 DTR 322 (Jaipur)(Trib.)
S. 194C : Deduction at source-Contractors-Person responsible for paying-It’s the user who is person responsible for paying, and not the intermediary-Intermediary in the instant case is an ‘aggregator’ and not a service provider and hence cannot be treated as assessee in default. [S. 201(1), 201(IA), 204]
Uber India Systems (P) Ltd. v. JCIT (2021) 188 ITD 362 / 211 TTJ 1 / 202 DTR 129 (Mum.)(Trib.)
S. 184 : Firm-Registration-Partnership deed on lesser value stamp paper-Remuneration paid to partners cannot be disallowed and firm cannot be assessed as an AOP.
Kachhi Heritage v. ACIT (2021) 187 ITD 335 (Pune)(Trib.)