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-Order to be made within two years-Order passed and dispatched with in two years-Received the copy of order after eight months-Order is valid-Date of receipt is not relevant-Interpretation of taxing statute-The provision of the statute are to be as they are and nothing is to be added or taken away from the provisions of the statute. [S. 263(2)]
CIT v. Mohammed Meeran Shahul Hameed (2021) 438 ITR 288 / 322 CTR 867 /206 DTR 209 / 283 Taxman 454(SC)
S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-No power of review-Rejection of application was held to be valid. [S. 254(1), 260A, Art. 226]
Southern Roadways Ltd. v. Dy. CIT (2021) 437 ITR 369 (Mad.)(HC)
S. 254(1) : Appellate Tribunal-Duties-Order passed without any reasons-Failure to reply the addition was up held by the CIT(A)-Tribunal set aside the order-High Court reversed the order of the Appellate Tribunal. [S. 69, 153A]
PCIT v. Ashokji Chanduji Thakkor (2021) 130 taxmann.com 130 (Guj)(HC) Editorial : SLP of assessee dismissed, Ashokji Chanduji Thakkor v. PCIT (2021) 282 Taxman 307 (SC)
S. 253 : Appellate Tribunal-Delay of 2554 days-Reason for delay was not satisfactory-Order of tribunal was affirmed. [S. 254(1), Art. 226]
Regional Institute of Education (National Council of Educational Research and Training) v. CCIT (2021)437 ITR 192 (Orisa)(HC)
S. 251 : Appeal-Commissioner (Appeals)-Powers-Free trade zone-Modification of claim-Revised return was not filed-Commissioner (Appeals) has no power to entertain modification of claim without filing revised return. [S. 10A, 10B, 139, 246A]
PCIT v. Paragon Biomedical India (P.) Ltd. (2021) 438 ITR 227 /(2022) 484 Taxman 479 (Ker.) (HC)
S. 245D : Settlement Commission-Procedure-Application-Survey-Principle of natural justice not violated-Court cannot substitute findings of Settlement Commission-Order of Settlement Commission affirmed. [S. 133A, 245C, 245D(4), ITSC R. 9, Art. 226]
PCIT v. Settlement Commission (IT and WT) (2021) 438 ITR 258 / 206 CTR 33 / 322 CTR 583 (Cal.)(HC)
S. 245D : Settlement Commission-Settlement of cases-twenty seven issues accepted by the assessee-Writ challenging only one issue is held to be not maintainable.[S. 245D(4), 245I, Art. 226]
Orchid Pharma Ltd. v. ITSC (2021) 438 ITR 427 / 208 DTR 369/ 283 Taxman 507 (2022) 325 CTR 423 (Mad.)(HC)
S. 245C : Settlement Commission-Settlement of cases-search and seizure-Undisclosed income-Mala fide intention-Failure to disclose true and full disclosure-Settlement commission ought to have rejected the application. [S. 132, 153A, 245D(4), Art. 226]
CIT v. ITSC (2021) 437 ITR 52/ 207 DTR 393/ 323 CTR 675 (Mad.)(HC)