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. 271B :Penalty-Failure to get accounts audited-Obtained tax audit report before due date-Wrongly mention as no in the column-Penalty is deleted.[S.44AA, 44AB]

Paras Mal Sethia v. ITO (2024)110 ITR 16 (SN) (Jodhpur)(Trib)

S. 271AAB : Penalty-Search initiated on or after Ist day of July 2012-Surrender of income in the course of search-Failure to disclose in the return-Penalty is justified in respect of difference added as undisclosed income-Limb under which penalty is to be levied spelt out and assessee not offered explanation-Limitation-Tribunal passing order in quantum appeal on 27-9-2019 and penalty order passed on 23-3-2020-Order is within prescribed time-limit-No violation of principle of natural justice. [S.271AAB(1)(c), 274(1), 275(1)]

Summit Online Trade Solutions P. Ltd. v Dy. CIT (2024)110 ITR 8 (SN)/228 TTJ 253/ 235 DTR 1 (Chennai)(Trib)

S. 271(1)(c) : Penalty-Concealment-Not specifying the charge in the notice-Levy of penalty is not justified-Estimated addition of 100 Per Cent. of purchases reduced to 30 Per Cent. of purchases by Commissioner (Appeals)-Estimated addition involving inherent subjectivity-Penalty is not warranted. [S. 274]

S. Sagar Enterprise v. Dy. CIT (2024)110 ITR 68 (SN)(Mum)(Trib)

S. 271(1)(c) : Penalty-Concealment-Not specifying the charge–Failure to strike off irrelevant portion of notice-Penalty is not sustainable. [S.274]

District Co-Operative Bank Ltd. v. Asst. CIT (2024)110 ITR 32 (SN)(Delhi)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Investment of gains in residential house within time specified-Purchase of land with intention of constructing house-Time of three years from date of transfer of original asset allowed-Revision on ground that purchase was beyond two years allowed for purchase of house is not proper.[S. 45, 54F, 143(3)]

Viral Rajendra Patel v. PCIT (2024)110 ITR 79 (SN)(Ahd)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Short-term capital loss-Unquoted equity shares-Valuation of market value is not in accordance with Rule11UA(1)(c)-Control and management of companies are with related parties-Transactions are not at arm’s length-Revision is justified. [S. 263, Explanation 2, R.11UA(1), Companies Act, 2013, S. 53]

Mercantile Ventures Ltd. v. ACIT (2024)110 ITR 41 (SN)(Chennai)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Merely because explanations and documents not filed before Assessing Officer during assessment proceedings-Revision is not valid.

Madhya Gujarat Vij Co. Ltd. v. PCIT (2024)110 ITR 21 (SN)(Ahd)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Assessing Officer has properly verified issues during original assessment-Expenditure on exempt income-Query raised in the course of assessment proceedings-Reply filed-Employment of new employees-In continuation of earlier years-Revision is not valid-Revision order is quashed-Revision on issue not included in notice-Revision is beyond scope of notice and not permissible. [S. 14A,80JJA, 143(3), R.8D]]

GSP Crop Science P. Ltd. v. PCIT (2024) 110 ITR 24 (SN)(Ahd)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Revision Lease equalisation charges-Method of accounting-Following Accounting Standard-19 in respect of rent and lease charges paid-Debiting lease equalisation charges to profit and loss account, but adding it back to total income-Assessing Officer carrying out required enquiries-Assessment order is not erroneous and prejudicial to revenue.[S. 145, Accounting Standard-19]

FCA Engineering India P. Ltd. v. PCIT (2024)110 ITR 61 (SN)(Chennai)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Discrepancy in sales promotion expenses-Clarified by assessee-Plausible view after relevant inquiries-Revision is not valid.[S.37(1), 143(3), Explanation 2 to S. 263]

Sourabh Sharma v. PCIT (2024) 110 ITR 677 (Jaipur)(Trib)